Terms of Use

1. The agreement

These Terms of Use ("Terms") are an agreement between you and Edge of Wonder Travels Unlimited LLC, a California limited liability company ("Edge of Wonder," "we," "us"). They govern your use of viaPyxis, including the advisor app at app.viapyxis.com, the itinerary pages, PDFs and links we publish for agencies, the Folio traveler app, and our websites (together, the "Service").

By checking the box to accept these Terms, or by using the Service, you agree to them. If you accept for an agency or other business, you confirm you have authority to bind it, and "you" means both you and that business.

The Service is for travel professionals using it for business. You must be at least 18 to create an account.

2. Who's who

• Agency: the business that holds a viaPyxis account.
• Advisor: a person the agency allows to use its account, including the agency's owner.
• Traveler: a client of an agency who views an itinerary, downloads a PDF, or uses the Folio app.
• Your Content: everything an agency or its advisors add to the Service, including trips, text, photos, documents, and traveler details.

3. Accounts

Keep your sign-in private and tell us at support@viapyxis.com if you think someone else has used it. Each advisor needs their own sign-in; don't share accounts.

The agency is responsible for everything done under its account, including by its advisors, and for removing access when someone leaves.

4. Plans, fees, renewal and canceling

Today. The Service is currently offered without charge. We'll give at least 30 days' notice before any charge begins, and you won't be charged unless you choose a paid plan.

Paid plans. Before you buy, we'll show you the price, how often you'll be billed (monthly or annually), that the plan renews automatically until you cancel, and how to cancel. We'll ask for your separate consent to automatic renewal, and we'll send a confirmation that includes these terms and how to cancel.

Renewal. Paid plans renew automatically at the end of each billing period at the then-current price. For annual plans, we'll send a reminder at least 15 and no more than 45 days before each renewal, with the price and how to cancel.

Price changes. We'll tell you about a price increase at least 30 days before it takes effect, and you can cancel before then.

Canceling. You can cancel at any time online from your account settings, with no need to call or write to us. Cancellation takes effect at the end of the current billing period, and you keep access until then. We don't refund partial billing periods, except where the law requires it.

Payments. Payments are processed by Stripe, under its own terms (stripe.com/legal). We don't store full card numbers.

Taxes. Prices don't include taxes, which you pay where they apply.

5. Your Content

You own it. The agency keeps all rights to Your Content. We claim no ownership of it.

What you let us do with it. You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, format, display and send Your Content, only as needed to run, secure, support and improve the Service for you. That includes publishing itinerary pages, creating PDFs, sending trips to the Folio app, and making backups. The license ends when Your Content is deleted from the Service, except for copies in backups for a limited time, and copies already shared with travelers or others before deletion.

What we won't do. We won't sell Your Content, use it in our marketing without your permission, or use it to train artificial intelligence models.

Shared library. Some hotel information and photos in the Service come from a library we maintain and share with all agencies. When any agency adds a hotel from a map search, we may create or update a shared record of that hotel's public details (such as its name, address, location, website and a general description) for other agencies to use. Your own edits, photos, notes and trips stay in your agency's account.

Feedback. If you send us ideas or suggestions, we may use them freely without owing you anything.

6. Your promises about Your Content

You confirm that:

• you own Your Content or have the right to use it in the Service, including on itineraries, PDFs and links you share with travelers;
• you have travelers' permission, and gave any notice the law requires, to put their personal information into the Service and share it as you choose; and
• Your Content doesn't break the law or anyone's rights, including copyright, trademark, privacy and publicity rights.

Images. When you upload an image or add one from a web address, you confirm you have the right to use it. Images found online are usually owned by someone, and being publicly visible doesn't make them free to use. All images are subject to these Terms, our Privacy Policy, and the Copyright section below.

7. Copyright and takedown notices

We respect copyright and expect our users to do the same. We respond to notices of claimed infringement under the Digital Millennium Copyright Act (17 U.S.C. §512).

If you believe material in the Service infringes your copyright, send a written notice to our Copyright Agent that includes:

1. your physical or electronic signature, or that of someone authorized to act for the copyright owner;
2. a description of the copyrighted work you believe was infringed;
3. a description of the material you believe infringes, and where it appears in the Service (the link, if you have it);
4. your name, mailing address, phone number and email address;
5. a statement that you believe in good faith the use isn't authorized by the copyright owner, its agent, or the law; and
6. a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.

Copyright Agent

What we do. When we receive a complete notice, we remove or disable access to the material, including on published itineraries and PDFs, and tell the agency that added it.

Counter-notice. If your material was removed and you believe that was a mistake or misidentification, you may send our Copyright Agent a counter-notice that includes:

1. your physical or electronic signature;
2. a description of the material removed and where it appeared before removal;
3. a statement, under penalty of perjury, that you believe in good faith the material was removed by mistake or misidentification;
4. your name, address and phone number, and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you're outside the United States, any judicial district where we may be found), and that you'll accept service of process from the person who sent the original notice.

We'll send a copy of your counter-notice to the person who filed the original notice. If they don't tell us within 10 business days that they've filed a court action, we'll restore the material within 10 to 14 business days after receiving your counter-notice.

Repeat infringers. We close the accounts of users who repeatedly infringe others' copyrights.

False claims. Under 17 U.S.C. §512(f), anyone who knowingly misrepresents that material infringes, or that it was removed by mistake, may be liable for damages.

8. Travelers

Each agency is responsible for its own travelers. The traveler's relationship is with their advisor and agency, not with us. The agency decides what travelers see and is responsible for:

• giving travelers any notices and getting any permissions needed for their information;
• the accuracy of the trips it shares; and
• the travel services and advice it provides.

Travelers who view an itinerary or use the Folio app agree to use it only for their own trip and to follow Section 12. Our Privacy Policy explains how traveler information is handled.

9. We don't sell travel

viaPyxis is software for planning and presenting trips. We are not a travel agency, tour operator or travel supplier, we don't book or sell travel through the Service, and we aren't party to any agreement between an agency, its travelers and its suppliers. Information about hotels, ships, flights, ports, places and activities may come from suppliers, public sources or other users, and can change or be wrong. Advisors are responsible for checking it with the supplier.

10. AI features

Some features use artificial intelligence to draft text, summarize, or look up information such as hotel details or cruise itineraries. AI output can be incomplete, out of date, or wrong. Review everything before you share it with a traveler; you're responsible for what you publish. Don't enter information into an AI feature that you don't have the right to share. AI output is provided as is, under Section 17.

11. Other companies' services

The Service relies on, and links to, services run by other companies, including map, place, photo, flight, PDF, email and hosting providers. Their own terms and privacy policies apply to them, and we aren't responsible for them. Features that depend on them may change or stop if those companies change their services.

Map and place information is provided in part by Google. Your use of Google Maps features in the Service is subject to the current versions of the Google Maps End User Additional Terms of Service (maps.google.com/help/terms_maps/) and the Google Privacy Policy (policies.google.com/privacy).

12. Acceptable use

Don't use the Service to:

• break any law, or infringe anyone's rights;
• upload material that is unlawful, harassing, hateful or sexually explicit, or that contains malware;
• send spam or unwanted messages;
• copy, scrape or harvest data from the Service, or access it with bots, except through features we provide;
• reverse engineer, decompile, or try to get the source code, except where the law allows it;
• probe, test or get around our security, or interfere with the Service or other users;
• resell or sublicense the Service, or use it to build a competing product; or
• share your sign-in or impersonate anyone.

13. Privacy and your data

Our Privacy Policy (viapyxis.com/privacy) explains what information we collect and how we use it.

While your account is open, you can download PDFs of your itineraries, and you can ask us for a copy of Your Content at support@viapyxis.com. After an account closes, we delete Your Content within 30 days, except copies in backups, which are deleted on their normal schedule, and anything we must keep by law.

14. Our property

The Service, its software, designs, templates, icons and the viaPyxis and Edge of Wonder names and logos belong to Edge of Wonder or its licensors. We give you a limited, non-exclusive, non-transferable right to use the Service under these Terms while your account is open. Everything not expressly granted is reserved.

15. Suspension and closing an account

You can close your account at any time. We may suspend or close an account, or remove content, if you break these Terms, if your use creates legal risk or harm to others, or if the law requires it. Where it's reasonable, we'll tell you first and give you a chance to fix the problem. If we stop offering the Service entirely, we'll give at least 30 days' notice so you can download your itineraries or ask us for a copy of Your Content.

Sections 5 (Feedback), 6, 7, and 14 through 22 survive after an account closes.

16. Changes

We change the Service over time. We may also update these Terms. For a change that materially affects your rights, we'll give at least 30 days' notice by email or in the app before it takes effect. If you keep using the Service after a change takes effect, you accept the new Terms. If you don't agree, you can close your account before then.

17. Disclaimers

The Service is provided "as is" and "as available." To the fullest extent the law allows, we make no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don't promise that the Service will be uninterrupted or error-free, that it will meet your needs, or that information in it (including AI output and supplier information) is accurate or complete.

18. Limit of liability

To the fullest extent the law allows:

• neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill; and
• our total liability for all claims relating to the Service is limited to the greater of (a) the amounts you paid us in the 12 months before the claim arose, or (b) $100.

These limits don't apply to a party's fraud, willful misconduct, or violation of law, or to anything else the law doesn't allow to be limited.

19. Indemnity

The agency will defend and hold harmless Edge of Wonder and its owners, employees and contractors from third-party claims, and the related costs and reasonable attorneys' fees, arising from Your Content, the agency's or its advisors' use of the Service, the travel services or advice the agency provides to travelers, or a breach of these Terms. We'll tell you promptly about any claim and let you control the defense, and you won't settle a claim that admits fault for us without our consent.

20. Governing law and courts

These Terms are governed by the laws of the State of California and applicable federal law, without regard to conflict-of-law rules. Any dispute relating to these Terms or the Service will be brought only in the state or federal courts located in Shasta County, California, and both parties consent to those courts' jurisdiction. Either party may seek an injunction in any court to protect its intellectual property.

21. Notice to California residents

Under California Civil Code §1789.3, California users are entitled to the following notice. The Service is provided by Edge of Wonder Travels Unlimited LLC, 2220 Shasta Street, Redding, California 96001, support@viapyxis.com. Current charges are described in Section 4. To resolve a complaint about the Service, contact us at support@viapyxis.com. You may also contact the Consumer Information Center of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 (TTY: 711 or (800) 735-2929).

22. General

• Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the Service.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition or sale of the business.
• Severability. If part of these Terms can't be enforced, the rest stays in effect.
• No waiver. Not enforcing a provision isn't a waiver of it.
• Events beyond our control. Neither party is responsible for delays caused by events beyond its reasonable control, such as outages at providers, natural disasters or government action.
• Export. You'll comply with U.S. export and sanctions laws in using the Service.
• Notices. We send notices to the email on your account. Send legal notices to the address in Section 23.
• Independent parties. These Terms don't create a partnership, joint venture or employment relationship.

23. Contact