Terms of Service

Last Updated: November 26th, 2024

Talewind Technologies Inc. (known as “Talewind”, “us”, “we”) owns and operates certain technology including, without limitation, the website operated at Talewind.ai and such other locations as made available from time to time (collectively, the “Website”), and other products and services which may be offered from time to time (collectively, the “Services”).

By accessing or using the Services, you confirm that you are 18 years of age or older, have read, understand, and agree to be bound by these Terms of Service and agree that these Terms of Service form a binding agreement between you and us, with respect to the Services, and your use of them.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.

THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME WITHOUT NOTICE AND MAY HAVE CHANGED SINCE YOUR LAST VISIT TO OR USE OF THE SERVICES. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE, WHICH USE INCLUDES YOUR CONTINUING TO MAKE AVAILABLE YOUR CONTENT ON THE SERVICES, AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THE SERVICES FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF SERVICE, UNLESS STATED OTHERWISE. IF YOU DO NOT AGREE TO ABIDE BY THIS OR ANY FUTURE VERSION OF THE TERMS OF SERVICE, DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICES. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF SERVICE.

1. Legal Information

Legal Name: Talewind Technologies Inc.

Doing Business As: Talewind

Director/Founder: Matthew Stevens

Company Email: hello@talewind.ai

Website: Talewind.ai

Business Address: 809-435 Wellington Street West, Toronto, ON, M5V 0V4, Canada

Age Restrictions: 18+

2. User Accounts

Account Creation: Users can create an account at the sign-up page.

Account Deletion: Users can delete their accounts, including any personally identifiable data, by completing the data deletion request form.

A “User” is defined in these terms of service as anyone with an account registered with Talewind. 

A “website visitor” is anyone who visits any websites owned by Talewind, including, but not limited to, Talewind.ai.

3. Services Overview

Talewind is a travel discovery and booking platform, built to help the world’s best creators generate income from travel sales. To provide this service, our platform gathers and stores user data, which may be enriched with third-party sources such as Facebook, Google, Apple accounts or other API providers. 

4. User Conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Talewind, including by uploading, emailing or otherwise making available to other users of the Services (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Talewind. Talewind reserves the right to investigate and take appropriate legal action against anyone who, in Talewind’s sole discretion, violates this provision, including removing the offending content from the Services, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Services to:

  • email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Talewind, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Talewind or its users to any harm or liability of any type;

  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;

  • violate any applicable local, state, national, or international law, or any regulations having the force of law;

  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • solicit personal information from anyone under the age of 18;

  • harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

  • obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Services;

  • circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Services, including through the use of virtual private networks;

  • engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods; or

  • develop products or services that compete with Talewind.

Behavior: Users must adhere to community guidelines, avoid spamming, and respect others. Violation of these rules may result in account termination. Any behavior considered illegal in the country it occurs related to or suspected of users in relation to their use of Talewind, or occurring on Talewind may be, at Talewind’s sole discretion, subject to account termination without refund.

Misconduct: Users who engage in serious misconduct, including but not limited to harassment, fraud, or illegal activities, may face account termination and potential legal action. Users agree to indemnify us against any claims arising from their misconduct.

If you are blocked by Talewind from accessing the Services (including by blocking your IP address or banning your account), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network, or creating new accounts).

5. Bookings

Talewind does not sell any products or services directly, and all reservations for flights, lodgings, vacation packages and other travel-related products and services are made with a third party service (each a “Third Party Partner”). In order to make a booking, Talewind will either (1) redirect from our Services to the Third Party Partner to make the travel booking or (2) collect the corresponding information from you and provide it to the Third Party Partner to facilitate the booking. Please bear in mind that any bookings are being made with the Third Party Partner and not with Talewind. We are not responsible for bookings made with any Third Party Partner and we have no liability to you in respect of such a booking. The terms and conditions of Third Party Partner will set out what rights you have against them and will explain their liability to you.

6. Cancellations or Changes

If you need to cancel or change any bookings, you should contact the Third Party Partner directly if the reservation was made through the website or application of the Third Party Partner. If the booking was made within the Services, we will use commercially reasonable efforts to cancel or change your booking through features made available through our Services. All cancellations and changes to your bookings are subject to any terms, limitations, or other conditions of the corresponding Third Party Partner. For example:

  • If you book a stay at a property and you do not cancel or change your booking before the relevant cancellation policy period, you may be subject to the cancellation or change charges as shown in the relevant Rules and Restrictions;

  • Some properties do not permit cancellations of, or changes to, bookings after they are made; and

  • Where a cancellation affects more than one person on a booking (for example, two airline tickets booked on a single itinerary, etc.), any applicable cancellation charge will be applied in respect of each person on the cancelled booking.

You do not have an automatic right to cancel or change a booking unless allowed by the Third Party Partner under their applicable terms and conditions. Third Party Partners may charge you fees for cancelling (in full or part) or changing a booking. Such fees will be set out in their applicable terms and conditions. You agree to pay any charges that you incur. Please be aware that for changes, the price of your new arrangements will be based on the applicable price at the time you ask us to make the change. This price may not be the same as when you originally booked the corresponding services.

7. Pricing

The price of products and services made available through the Services are provided by Third Party Partner and are subject to change. While we use commercially reasonable efforts to ensure that the pricing information is up to date, we do not make any guarantees as to the specific fees or amounts, and we reserve the right to update the information that is made available. In addition, prices made available through the Services may or may not be the total amount payable by you after taxes and other fees are included.

8. Payment Processing

In the event Talewind processes your payment information to make a booking on your behalf, we will do so using a third party payment processor and will not have direct access to your payment information. These payment processing services the applicable payment processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to these Terms of Service, users that use the payment functions of the Services also agree to be bound by the applicable Payment Processor 

9. Liability and Disclaimers

General Liability: Talewind is not liable for any loss, injury, or inconvenience resulting from the use of our services or any purchases or bookings made through them.

Third-Party Services: Talewind is not responsible for the actions, errors, or omissions of Third Party Partners (including but not limited to: airlines, hotels, social media companies, travel insurers, tour guides, and others). Users should address claims directly to the service provider. 

Cloud Hosting: Talewind hosts data with various cloud hosting providers, and may, at its sole discretion, host data with different or additional cloud computing providers in the future. The user recognizes that it is out of Talewind’s control to prevent any issues or breaches on these platforms and that Talewind is not liable for any damages or inconveniences resulting from any such instances.

10. Intellectual Property Rights

Service Content. You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Talewind, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks. The Talewind name and logos are trademarks and service marks of Talewind (collectively the “Talewind Trademarks”). Other Talewind, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Talewind. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Talewind Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Talewind Trademarks will inure to our exclusive benefit.

Third-Party Material. Under no circumstances will Talewind be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Talewind does not pre-screen content, but that Talewind and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Talewind and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Talewind, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content. You represent and warrant that you own all right, title and interest in and to your User Content, including all copyrights and rights of publicity contained therein. You hereby grant Talewind, its affiliates, and its and their customers, agents, representatives, successors and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), license to copy, display, upload, perform, distribute, store, modify, and otherwise use User Content in connection with the operation of the Service and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed, including in the operation, application and enhancement of Talewind’s Artificial Intelligence (as defined below). You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content. As used herein, Talewind’s “Artificial Intelligence” means Talewind’s owned algorithms, machine learning models, retrieval-augmented generation (“RAG”) techniques, prompt engineering, creation and application of vector databases and/or other artificial intelligence or AI or similar technologies and expressly excludes other LLM’s such as ChatGPT. Talewind owns the rights to any enhancement and derivative data (including without limitation metadata) which it may use to enhance its Artificial Intelligence and improve and optimize its products, services and tools, and/or create new products or insights derived therefrom.

You hereby authorize Talewind and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Talewind are non-confidential and Talewind will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that Talewind may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Talewind, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

11. Service Modifications

Right to Modify: Talewind reserves the right to update or modify the Service and these Terms at any time and without warning.

12. Force Majeure

Talewind Technologies Inc. is not liable for any delay or failure in performance resulting from causes beyond our reasonable control, including, but not limited to, natural disasters, pandemics, war, terrorism, labor disputes, governmental actions, internet service disruptions, or any other event that constitutes a force majeure event.

13. Travel Insurance

We strongly recommend that users purchase travel insurance to cover potential issues during their travels, including trip cancellations, medical emergencies, and lost luggage.

14. Compliance with International Sanctions and Ethical Standards

Sanctions and Compliance You agree to comply with all applicable laws and regulations, including, but not limited to, international trade sanctions, anti-bribery, and corruption prevention laws, and policies against human trafficking. By using our Service, you represent and warrant that you are not subject to any trade restrictions, sanctions, or other legal restrictions imposed by any government, international organization, or other competent authority. You must not use the Services to export or re-export any software or technical data in violation of any applicable laws, including, without limitation, the laws of the United States or Canada.

Bribery and Corruption You shall not, directly or indirectly, offer, pay, solicit, or accept any bribes or other improper payments or engage in any form of bribery, corruption, or fraudulent behavior. Any violation of this clause will result in immediate termination of your account and may be reported to the relevant authorities.

Human Trafficking You must not engage in, or benefit from, any form of human trafficking or exploitation. We are committed to supporting international efforts to prevent human trafficking and will cooperate with law enforcement agencies to address any such activities.

15. Sustainability and Ethical Commitments

Corporate Sustainability We are committed to sustainable practices and expect our users to support these efforts. This includes minimizing waste, conserving energy and resources, and supporting environmentally friendly initiatives during your travels.

Child Exploitation Prevention We have a zero-tolerance policy for child exploitation and abuse. Users must not engage in any activities that involve the exploitation or abuse of children. Any such activities will be reported to the appropriate authorities, and the user's account will be immediately terminated.

Human Rights We are committed to upholding human rights as outlined in international standards such as the Universal Declaration of Human Rights. Users must respect the rights of others and avoid any actions that would infringe on the human rights of individuals encountered during their travels.

16. Indemnification and Liability

Indemnification You agree to indemnify, defend, and hold harmless Talewind Technologies Inc., its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising out of or related to:

  • Your use of the Service.

  • Any User Content you submit, post, or transmit through the Service.

  • Your violation of these Terms of Service.

  • Your violation of any rights of another.

  • Your breach of any applicable laws, regulations, or agreements.

Liability Limitation To the maximum extent permitted by applicable law, Talewind Technologies Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use the Service.

  • Any conduct or content of any third party on the Service.

  • Any content obtained from the Service.

  • Unauthorized access, use, or alteration of your transmissions or content. In no event shall Talewind Technologies Inc.'s total liability to you for all claims arising out of or relating to these Terms or the Service exceed the amount paid by you, if any, to Talewind Technologies Inc. for the Service during the twelve months prior to the date the cause of action arose.

17. Assignment

You may not assign or transfer any rights or obligations under these Terms of Service without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction, including, but not limited to, in connection with a merger, acquisition, sale of assets, or by operation of law.

18. Confidentiality and Data Protection

We are committed to protecting your privacy. Our data protection practices are governed by applicable data protection laws, including the GDPR and CCPA. We collect, process, and store personal data only for legitimate purposes and in accordance with user consent. Users can view our comprehensive Privacy Policy at https://www.talewind.ai/legal/privacy-policy. This policy outlines the types of data we collect, how we use it, how we protect it, and the rights users have regarding their data, including access, correction, deletion, and objection.

19. Ratings, Reviews and Opinions

The Services may display public reviews (“Review”) and star ratings (“Rating”). Ratings or Reviews reflect the opinions of each individual and do not reflect the opinion of Talewind. Ratings and Reviews are not verified by Talewind for accuracy and may be incorrect or misleading, and may be sourced from across the web, not created by actual users of Talewind itself. Additionally, the display of Travel Providers and Services through our Service is not an endorsement or recommendation of such Travel Services by Talewind. Talewind, and our Partners disclaim, to the maximum extent permitted by law, all warranties and conditions that our Service, its servers or any email sent from us or our Partners are free of viruses or other harmful components.

Ratings and Reviews left by users and vendors via Talewind must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to and must comply with our content policies listed above. 

Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User.

Ratings and Reviews are part of a User’s public profile and may also be surfaced elsewhere on Talewind’s platforms (such as Listing pages) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

20. General Practices Regarding Use and Storage

We may establish general practices and limits concerning the use of the Services, including, without limitation, the maximum number of days that User Content will be retained by the Services, the maximum number of User Content that may be transmitted, posted, shared, used, copied, or otherwise made available on the Services (whether per User Account or globally), the maximum size of any User Content, the maximum disk space that will be allotted on the Service servers on any User's behalf, and the maximum number of times (and the maximum duration for which) any User may access the Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any User Content and other communications or Content maintained or transmitted by the Services. You acknowledge that we reserve the right to log off or otherwise disconnect any User Account that is inactive for an extended period of time at our sole discretion.

21. Data-Backed Claims

While we strive to ensure the accuracy of data and claims presented on our platform, we make no guarantees regarding the completeness or accuracy of such data. Users should independently verify any data-backed claims before relying on them. We are not liable for any decisions made based on data-backed claims presented through our Services.

22. Third-Party Code and Permissions

Our Services may include third-party code and libraries that are subject to open source licenses. By installing our mobile or web applications, you grant us permission to access certain functions of your device, including but not limited to location services, camera, and storage, to provide the Services. You can manage these permissions through your device settings. We are not responsible for the functionality or content of any third-party code or services.

23. Supplemental Services and Partnerships

Our Services may include supplemental services and partnerships with third-party providers. We may facilitate your interactions with these third-party providers but are not responsible for their actions, services, or content. Any agreements or transactions between you and third-party providers are solely between you and the respective provider. We disclaim any liability arising from your use of supplemental services or partnerships facilitated through our platform.

24. Compliance with Local Laws

Users are responsible for complying with all local laws and regulations of their travel destinations, including but not limited to visa requirements, health regulations, and other legal requirements.

25. Dispute Resolution

Disputes between users and Talewind will be handled through arbitration in Ontario, Canada, under the rules of the Canadian Arbitration Association. Users agree to resolve disputes on an individual basis and waive the right to participate in class actions.

26. Contact Information

For any questions or concerns, please contact us at hello@talewind.ai.

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