1.The agreement between you and Voyagera
These Terms & Conditions (the “Terms”) are a binding legal agreement between you and Blue Helix LLC, a limited liability company formed in the State of Wyoming, United States, which operates the Voyagera service (“Voyagera”, “we”, “us”, “our”). They govern your access to and use of the Voyagera mobile application, the voyagera.app website, and all related features, content, and services (together, the “Service”).
By downloading, installing, accessing, creating an account on, or using the Service in any way, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Service.
Some features may be covered by additional terms presented to you at the time you use them. Those supplemental terms are part of this agreement and, where they conflict with these Terms, they control for that feature only.
2.Important notice: arbitration and class-action waiver
3.Who may use Voyagera
You may use the Service only if all of the following are true:
- You are at least 16 years old, or the minimum age at which a person may consent to the processing of personal data in your country if that age is higher.
- If you are under 18 (or the age of legal majority where you live), your parent or legal guardian has read and agreed to these Terms on your behalf and accepts responsibility for your use of the Service, including any purchases you make.
- You are able to form a legally binding contract, and you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction (see Section 31).
- You have not previously been suspended or removed from the Service, unless we have given you written permission to return.
If you use the Service on behalf of a company or other organization, you represent that you are authorized to bind that organization to these Terms, and “you” means both you and that organization.
4.Your account
Some features require an account. You agree to provide accurate information, to keep it up to date, and to keep your credentials confidential. You are responsible for all activity that occurs under your account, whether or not you authorized it, except to the extent caused by our own failure to use reasonable security measures. Tell us promptly at hello@voyagera.app if you suspect unauthorized use.
You may not sell, rent, transfer, or share your account or your access credentials with anyone else. Accounts are personal to you.
Usernames and handles. A handle is licensed to you, not owned by you. You must not choose a handle that impersonates another person, infringes a trademark, or is chosen primarily to sell, trade, or withhold from someone else. We may reclaim, change, or remove any handle at our discretion, including handles that are inactive, misleading, offensive, or the subject of a credible third-party claim.
5.What Voyagera is — and what it is not
Voyagera is a planning, organization, and information tool. We help you build itineraries, generate suggestions, keep trip details in one place, and listen to pre-written audio guides.
We are not, and do not act as: a travel agent, tour operator, travel agency, tour guide, transport provider, accommodation provider, ticket seller, insurer, booking or reservation service, financial adviser, immigration or visa adviser, medical adviser, legal adviser, security service, or emergency service. We do not sell, arrange, resell, or take responsibility for any travel product or service.
We have no fiduciary, advisory, agency, or special relationship with you. Nothing in the Service is professional advice of any kind. We do not guarantee the availability, pricing, quality, legality, safety, suitability, or outcome of any trip, place, route, activity, business, event, or third party that appears in the Service.
6.Trip information: verify before you rely on it
Information in the Service — including itineraries, maps, routes, travel times and ETAs, distances, opening hours, prices, admission rules, weather, events, holidays, photos, place descriptions, reviews, accessibility details, and safety information — is provided for convenience only and may be inaccurate, outdated, incomplete, mistranslated, or wrong for your situation. Much of it comes from third-party or community sources we do not control, and some of it is cached on your device and may be stale.
You are solely responsible for independently verifying anything before you act on it, from the authoritative source, including:
- Passports, visas, entry and exit requirements, permits, and border rules.
- Vaccination, health, and insurance requirements.
- Local laws, customs, restricted areas, and areas subject to travel advisories.
- Transport schedules, reservations, cancellations, and connection times.
- Opening hours, closures, prices, age limits, dress codes, and booking requirements.
- Current weather, natural-hazard, civil-unrest, and security conditions.
You use the Service, and you travel, entirely at your own risk.
7.AI-generated content
Parts of the Service use artificial intelligence to generate itineraries, suggestions, summaries, chat replies, and narration asides. Depending on your device and settings, this may run on your device or through a third-party AI provider — see the Privacy Policy for who receives what.
You acknowledge and agree that:
- AI output is generated automatically and is not reviewed by a human before you see it. It can be inaccurate, incomplete, outdated, biased, nonsensical, or entirely fabricated, including confident-sounding statements about places, prices, hours, laws, or safety that are simply untrue.
- AI output is not professional advice of any kind and must not be relied on for decisions about safety, health, money, legal status, or travel eligibility.
- Similar or identical output may be generated for other users, and we make no claim that AI output is unique or original to you.
- You must independently verify AI output before relying on it, and you are solely responsible for any decision you make based on it.
- You must not enter sensitive personal information — about yourself or anyone else — into AI features.
- You must not use AI features to generate content that is unlawful, harmful, deceptive, infringing, or that violates Section 14.
- You are responsible for any AI-assisted content you save, publish, or share, exactly as if you had written it yourself.
To the fullest extent permitted by law, Voyagera is not liable for any AI-generated output or for any decision, action, loss, or harm arising from it.
8.Safety while using location and audio features
Audio guides, the audio map, live navigation cues, and check-in use your device's location and are designed to be used while you are moving around in the real world. That carries real risk, and you accept it.
- Stay aware of your surroundings. Do not look at your phone or listen to a guide in a way that distracts you from traffic, other people, uneven ground, water, cliffs, wildlife, or any other hazard.
- Never use the Service while driving, cycling, or operating any vehicle or machinery. Do not use headphones where doing so is unsafe or unlawful.
- Location is approximate. GPS accuracy varies and can be badly wrong indoors, in cities, underground, and in poor weather. Routes and distances are estimates. Never rely on the Service for navigation in remote, wilderness, maritime, or emergency situations.
- The Service is not an emergency service. It will not summon help, monitor your safety, or notify anyone if something goes wrong. In an emergency, contact local emergency services.
- Respect places and laws. A route or stop appearing in the Service is not permission to enter. Do not trespass, ignore closures or restricted areas, or break local laws, and respect private property, sacred sites, and rules about recording.
- Battery and connectivity. Location and audio features consume battery and may keep your screen awake. Do not depend on your phone as your only means of navigation, communication, or safety.
9.Health, fitness and accessibility
Walking guides and suggested itineraries involve physical activity, and may include walking on uneven or steep ground, stairs, heat, altitude, or long distances. You are responsible for assessing whether an activity is appropriate for your health, fitness, and abilities, and for consulting a qualified medical professional where appropriate.
Accessibility, dietary, step-free, and similar information — including anything you set as a preference and anything the Service generates in response — is a best effort based on imperfect third-party data and automated systems, and may be wrong. Always confirm accessibility and dietary details directly with the venue before relying on them. We do not warrant that any place, route, or suggestion is accessible, safe, or suitable for you.
10.Paid audio guides: purchases, licence and refunds
10.1 What you are buying
Audio guides are unlocked by a one-time purchase of a digital licence, not a subscription and not a sale of the content itself. A purchase may unlock a single guide or every guide in a city, depending on what you buy. The unlock scope shown at the point of purchase is what governs.
10.2 The store is the seller
All purchases are processed by Apple (App Store) or Google (Google Play), which act as merchant of record. Your payment, billing, and tax relationship for the transaction is with them, under their terms. We never receive your card or billing details. Prices are set in the store, are shown to you before you confirm, may vary by country and over time, and may change at any time.
10.3 Immediate delivery and refunds
Digital content is made available to you immediately on purchase. By buying, you request immediate delivery and, to the fullest extent permitted by law, you acknowledge that you lose any statutory right of withdrawal or “cooling-off” period that would otherwise apply to digital content once delivery has begun.
All purchases are final as far as Voyagera is concerned, and we do not process refunds. Refund requests must be made to Apple or Google under their published refund policies, and their decision is final. This does not limit any non-waivable statutory right you may have under the mandatory consumer law of your country of residence.
10.4 Shared access on a trip
As a convenience, a guide unlocked by one traveller may become playable by other travellers on the same itinerary, for the stops on that itinerary, while they remain on it. This is a revocable convenience, not a purchased right of the other travellers. It may be changed, limited, or withdrawn at any time; it ends when a traveller leaves the itinerary, when the itinerary is deleted, or when the underlying purchase is refunded or reversed; and it gives no traveller other than the buyer any claim, refund right, or entitlement of any kind.
10.5 Revocation, refunds and chargebacks
If a purchase is refunded, reversed, charged back, or found to be fraudulent, we may immediately revoke the licence it paid for — including any shared access it gave other travellers — without notice and without liability. We may also suspend or close accounts associated with fraudulent purchases or with abuse of the shared-access feature.
10.6 What we do not promise
We do not promise that any particular guide, city, voice, or feature will remain available, that the catalogue will grow, that content will be updated, or that a guide will match any description, sample, or expectation. Guides are written ahead of time and may become outdated. Availability of any guide depends on your device, your network, and third parties, and we may add, change, or remove content at any time. Where we permanently withdraw a guide you have paid for and you have not had a reasonable opportunity to use it, your sole and exclusive remedy is to seek a refund from Apple or Google.
10.7 Losing access
Your unlocks are tied to your Voyagera account and to the store account used to buy them. Deleting your Voyagera account deletes our record of your unlocks and therefore your access, which cannot be restored. Using a different store account, region, or platform may mean a purchase is not recognized. We are not liable for access lost through account deletion, account changes, store-account changes, platform changes, or store policy.
11.Restrictions on guide content and anti-abuse
Audio guides, their scripts, their narration audio, and the synthesized voices are our intellectual property or licensed to us. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to stream and play guides you have unlocked, for your own personal, non-commercial use, on devices you control.
You must not, and must not allow anyone else to:
- Record, capture, rip, extract, download outside the app, copy, mirror, re-host, republish, sell, rent, lend, or otherwise redistribute any guide script, narration audio, or voice output.
- Play a guide as a public performance, or use it in any commercial tour, group tour, class, broadcast, or paid activity, without our prior written permission.
- Circumvent, disable, or interfere with any paywall, entitlement check, licence check, rate limit, or access control — or use, share, or distribute any method for doing so.
- Create fictitious itineraries, accounts, or trip memberships, or otherwise manipulate the shared-access feature described in Section 10.4, in order to obtain access to guides without paying for them.
- Use any guide content, or any other content from the Service, to train, fine-tune, evaluate, or develop any machine-learning or AI model, or to build a competing or substantially similar product or dataset.
- Remove, obscure, or alter any attribution, watermark, or proprietary notice.
Breach of this section is a material breach of these Terms. Because unauthorized copying and distribution would cause harm that money cannot adequately repair, we may seek injunctive relief in addition to any other remedy, without posting a bond.
12.Your content and the licence you give us
“Your Content” means everything you create, upload, or submit through the Service: trips, itineraries, notes, photos, lists, profile details, handles, bios, links, messages, reports, and anything else.
You keep ownership of Your Content. We claim no ownership in it.
You grant Voyagera a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable licence to host, store, cache, reproduce, adapt (for formatting and display), publish, publicly display, and distribute Your Content solely as needed to operate, secure, back up, and improve the Service and the features you have chosen to use, and to promote the Service using content you have made public. This licence ends when you delete Your Content or your account, except that: (a) copies may remain in backups and logs for a limited period until routinely overwritten; (b) content you shared with others, or that others saved or copied while it was public, may persist in their copies and in caches beyond our control; and (c) we may retain what we must retain for legal, safety, tax, or dispute-resolution reasons.
You represent and warrant that: you own or have all rights needed to grant this licence; Your Content does not infringe anyone's intellectual property, privacy, publicity, or other rights; you have obtained consent from any identifiable person appearing in photos you upload; and Your Content does not violate these Terms or any law. You are solely responsible for Your Content and for the consequences of publishing it.
13.Publishing, public profiles and the community
Some features are public by design: publishing a trip to Explore, creating a creator profile with a handle, bio, avatar and links, being followed, and having your plans saved by other users.
When you publish a plan, you grant other users a limited right to view and save it within the Service, and you grant us the licence in Section 12 for that purpose. Published plans may be reformatted, summarized, ranked, excerpted, or displayed alongside other content. We may decline to publish, may remove, and may stop displaying any content at any time, for any reason or none.
Content published by other users is not ours. We do not endorse, verify, or take responsibility for it, and you rely on it at your own risk.
14.Community rules
You must not create, upload, publish, send, or link to content — or behave in any way — that:
- Is unlawful, or promotes, facilitates, or instructs on unlawful activity.
- Harasses, bullies, threatens, stalks, intimidates, defames, or incites violence against anyone.
- Is hateful or discriminatory on the basis of race, ethnicity, national origin, religion, caste, sex, gender, gender identity, sexual orientation, disability, age, or any other protected characteristic.
- Is sexually explicit, sexually suggestive of minors, or sexualizes any person under 18 in any way. Child sexual abuse material is reported to the authorities without exception.
- Depicts or glorifies graphic violence, self-harm, suicide, eating disorders, or animal cruelty.
- Promotes or facilitates the sale of drugs, weapons, endangered wildlife, stolen goods, human trafficking, sex tourism, or other illegal trade.
- Is fraudulent, deceptive, or misleading, including impersonating any person, brand, or organization, faking affiliation or endorsement, or manipulating rankings, follows, saves, or reports.
- Is spam, bulk or repetitive posting, or unsolicited commercial promotion.
- Infringes anyone's intellectual property, or discloses anyone's private or personal information without their consent (including “doxxing”).
- Contains malware, or is designed to disrupt, damage, or gain unauthorized access to any system.
- Encourages trespassing, dangerous activity, or entry into restricted, sacred, or protected areas.
These rules apply to everything, including private trip chat. We may update them at any time.
15.Other travellers, trip chat and shared trips
The Service lets you invite others to a trip, chat with them, follow creators, and see content they create. We are not a party to your relationships with other users and do not vet, screen, verify, or background-check anyone.
- You interact with other users, online and in person, entirely at your own risk. Exercise the caution you would with any stranger, and take particular care before meeting anyone, sharing your location, or travelling with someone you do not know.
- Anyone you add to a trip can see that trip's contents, including stops, notes, dates, chat, and check-ins. Remove people you no longer want to have access. We are not responsible for what people you invited do with what they can see.
- Trip chat is not monitored in real time and is not confidential from the other people in that trip. Do not send sensitive personal, financial, or identity information through it.
- Disputes between users — including about money, plans, bookings, conduct, or shared purchases — are yours to resolve. We have no obligation to intervene, though we may.
16.Reporting, moderation and enforcement
The Service provides tools to report content or accounts and to block other users. Please use them. You can also email hello@voyagera.app.
We review reports of objectionable content and act on those we consider well-founded — typically within 24 hours of a report — by removing the content, and by ejecting or banning the user who provided it where appropriate.
We may, at our sole discretion and without prior notice or liability: review, refuse, remove, hide, edit, restrict, demote, or de-index any content; limit or remove features; issue warnings; and suspend or terminate any account. We are not obliged to monitor content, and our right to moderate does not create a duty to do so or make us responsible for content we did not remove. Where the law allows, we may notify you of the reason and offer a route to object, but we are not required to explain enforcement decisions.
Reporting tools must be used in good faith. Abusing them — mass-reporting, retaliatory reporting, or knowingly false reports — is itself a breach of these Terms.
17.Copyright complaints
We respect intellectual property and respond to valid notices of claimed infringement under the U.S. Digital Millennium Copyright Act (“DMCA”) and equivalent laws.
If you believe content on the Service infringes your copyright, send a written notice to hello@voyagera.app with the subject line “DMCA Notice”, including all of the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you claim has been infringed.
- Identification of the material you claim is infringing, with enough detail for us to locate it (a link or screenshot).
- Your name, address, telephone number, and email address.
- A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Incomplete notices may not be actionable. Knowingly making a material misrepresentation that material is infringing — or that it was removed by mistake — can make you liable for damages, including costs and legal fees, under 17 U.S.C. § 512(f).
Counter-notice. If your content was removed and you believe that was a mistake or misidentification, you may send a counter-notice to the same address containing your signature, identification of the removed material and where it appeared, a statement under penalty of perjury that you have a good-faith belief it was removed by mistake or misidentification, and your name, address and telephone number together with your consent to the jurisdiction of the U.S. federal court for your district (or, if outside the United States, any district in which we may be found) and your agreement to accept service of process from the complaining party.
Repeat infringers. We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe.
18.Feedback
If you send us ideas, suggestions, bug reports, feature requests, or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable and transferable licence to use it for any purpose without restriction, attribution, confidentiality, or compensation. Feedback is not confidential, and we may already be working on something similar or identical.
19.Third-party services, content and transactions
The Service integrates with, links to, and displays content from third parties, including map, weather, place, holiday, ticketing, photo, encyclopaedic, AI, voice, notification, and payment providers, and may embed videos hosted by social platforms that your device loads directly from them.
- Third-party content, data, and services are provided as-is, are not under our control, and may change or disappear without notice.
- Any booking, reservation, ticket, or purchase you make with a third party is solely between you and that third party, on their terms and at their prices. We are not a party to it, do not act as agent for either side, and have no responsibility for it — including for cancellations, changes, overbooking, refunds, quality, safety, or non-performance.
- Linking to or displaying a third party is not an endorsement, recommendation, verification, or guarantee.
- Once you leave the Service or load third-party content, that third party's own terms and privacy policy apply, not ours.
20.Changes to the Service; beta features
We are continuously developing the Service. We may add, change, suspend, limit, or permanently discontinue any feature, content, integration, or the Service as a whole, at any time, with or without notice, without liability to you. We may also impose limits on storage, requests, content, or usage.
Some features may be offered as beta, preview, or experimental. These are provided as-is, with no warranty and no commitment that they will work, persist, or ever become generally available, and may be less stable than the rest of the Service. Data created in a beta feature may be lost.
21.Availability, offline use, and your data
The Service is offline-first: much of your trip content lives on your device and syncs when it can. That is a feature, and it has consequences you accept.
- We do not guarantee that the Service will be available, uninterrupted, timely, or error-free, or that data will sync, sync promptly, or sync without conflict.
- Content stored only on your device is lost if you delete the app, lose or reset the device, or the local store is corrupted. Content that has synced may still be lost through error, outage, provider failure, or your own deletion.
- Where the same trip is edited on more than one device or by more than one traveller, conflicting edits may be merged, overwritten, or lost.
- You are responsible for keeping your own copies of anything you cannot afford to lose. We do not provide, and do not promise, a backup, export, restore, or archival service.
To the fullest extent permitted by law, we are not liable for any loss, corruption, non-availability, delay, or unauthorized alteration of your content or data.
22.Acceptable use and technical restrictions
In addition to Sections 11 and 14, you must not:
- Copy, modify, translate, adapt, decompile, disassemble, reverse-engineer, or attempt to derive the source code, algorithms, models, prompts, or data structures of the Service, except to the narrow extent applicable law expressly permits despite this restriction.
- Scrape, crawl, harvest, index, or bulk-download any part of the Service or its content by any automated means, or build any database or dataset from it.
- Access the Service through any non-official client, bot, script, emulator, or automated system, or use any undocumented endpoint or interface.
- Interfere with, overload, flood, rate-abuse, or disrupt the Service or its infrastructure, or take any action that imposes an unreasonable load on it.
- Probe, scan, or test the vulnerability of any system, or breach or circumvent any security, authentication, or access-control measure, without our prior written authorization.
- Access another user's account or data, or attempt to identify, de-anonymize, or track any user.
- Sell, resell, licence, sublicense, rent, lease, distribute, or otherwise commercially exploit the Service or any part of it without our prior written permission.
- Use the Service to develop a competing product or service, or for benchmarking that you publish without our consent.
- Misrepresent your identity or affiliation, or use the Service in any way that could damage, disable, or impair it or harm any user.
We may investigate suspected breaches and cooperate with law enforcement. We may use rate limits, quotas, and abuse detection, and may block traffic that appears abusive.
23.Intellectual property
The Service — including its software, source code, models, prompts, design, user interface, look and feel, graphics, illustrations, audio guides and scripts, narration, text, compilations, databases, and the “Voyagera” name, logo, and branding — is owned by Voyagera or its licensors and is protected by copyright, trademark, trade-secret, and other laws. All rights not expressly granted to you are reserved.
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the app on devices you own or control, and to access the website, for your own personal, non-commercial travel planning. This licence terminates automatically if you breach these Terms.
You may not use our name, logo, or branding without our prior written permission, except in ordinary descriptive reference to the Service. Third-party names and marks appearing in the Service belong to their owners.
24.Disclaimer of warranties
THE SERVICE, ALL CONTENT IN IT, AND EVERYTHING WE PROVIDE ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
To the fullest extent permitted by law, Voyagera and its affiliates, officers, directors, employees, agents, licensors, and suppliers disclaim all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, non-infringement, and any warranty arising out of course of dealing, usage, or trade.
Without limiting that, we do not warrant that: the Service will meet your requirements; it will be available, uninterrupted, timely, secure, or error-free; defects will be corrected; the Service or its infrastructure is free of viruses or harmful components; any content, information, AI output, location data, route, price, hour, translation, or third-party data is accurate, complete, reliable, current, lawful, or safe; or that any place, activity, route, or person suggested by the Service is safe, suitable, accessible, or appropriate for you.
No advice or information, oral or written, obtained from us or through the Service creates any warranty not expressly stated here.
Some jurisdictions do not allow the exclusion of certain warranties or of implied statutory rights. In those jurisdictions, the exclusions above apply only to the fullest extent permitted, and you may have rights that these Terms cannot limit.
25.Assumption of risk and release
Travel is inherently risky. You knowingly and voluntarily assume all risks connected with your travel and with your use of the Service, including risks of accident, injury, illness, death, crime, theft, loss, delay, denied entry, natural events, civil unrest, third-party negligence, and property damage. You are responsible for your own safety, decisions, documents, insurance, finances, and conduct. We strongly recommend appropriate travel insurance.
To the fullest extent permitted by law, you release, waive, and discharge Voyagera and its affiliates, officers, directors, employees, agents, licensors, and suppliers from all claims, demands, damages, losses, liabilities, costs, and expenses of every kind, known and unknown, arising out of or in any way connected with: your travel; any place, route, activity, business, event, or third party you encountered through the Service; your interactions or disputes with other users; and any content created by other users.
If you are a California resident, you expressly waive California Civil Code § 1542, which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any similar provision in any other jurisdiction.
26.Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) No indirect damages. Voyagera and its affiliates, officers, directors, employees, agents, licensors, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, opportunity, goodwill, data, or content, or for any cost of substitute services, travel cost, cancellation cost, missed connection, wasted expenditure, or personal injury or property damage arising from your travel — whether based in contract, tort (including negligence), strict liability, statute, or any other theory, and even if we were advised of the possibility and even if a limited remedy fails of its essential purpose.
(b) Cap on total liability. Our total aggregate liability for all claims relating to the Service will not exceed the greater of (i) the total amount you actually paid to Voyagera for the Service in the twelve months before the event giving rise to the claim, or (ii) USD 50.
(c) What this covers. These limits apply to all claims of every kind, in the aggregate, and survive termination.
(d) Basis of the bargain. You acknowledge that the disclaimers and limits in Sections 24–26 are a fundamental basis of this agreement, that we could not offer the Service on these terms without them, and that they allocate risk between us in a way that is reasonable given the price you pay.
Some jurisdictions do not allow the exclusion or limitation of certain damages — including death or personal injury caused by negligence, fraud, or fraudulent misrepresentation. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, and in those jurisdictions our liability is limited to the smallest amount permitted by law.
27.Indemnification
You agree to defend, indemnify, and hold harmless Voyagera and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claim, demand, investigation, proceeding, damage, loss, liability, fine, penalty, cost, and expense (including reasonable legal fees and costs of investigation) arising out of or related to: your use or misuse of the Service; Your Content; your travel and anything you do on it; your interactions or disputes with other users or third parties; your breach of these Terms or of any law; or your infringement of anyone's rights.
We may, at our option, assume the exclusive defence and control of any matter subject to indemnification by you, at your expense, and you will cooperate with us. You will not settle any matter in a way that imposes any obligation or admission on us without our prior written consent.
28.Dispute resolution, arbitration and class-action waiver
28.1 Scope
This Section applies to any dispute, claim, or controversy between you and Voyagera arising out of or relating in any way to these Terms, the Service, any purchase, our marketing, or your relationship with us — whether based in contract, tort, statute, fraud, misrepresentation, or any other theory, and whether arising before, during, or after termination. It also covers claims involving our affiliates, officers, employees, and agents, who are intended third-party beneficiaries of this Section.
28.2 Informal resolution first
Before starting arbitration or any proceeding, you and we each agree to try to resolve the dispute informally for at least 60 days. Send a written notice to hello@voyagera.app (subject: “Dispute Notice”) describing the dispute, the relief you want, and your account email, and give us a chance to respond. Notices to you go to your account email. This step is a condition precedent to filing, and the statute of limitations and any filing deadlines are tolled while it runs. Either party may seek to have a court enjoin a filing made before this step is completed.
28.3 Binding individual arbitration
If the dispute is not resolved within 60 days, it will be settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (and its Mass Arbitration Supplementary Rules where applicable), as modified by this Section. The rules and filing forms are at adr.org. The arbitrator, and not any court, decides all issues of arbitrability, scope, and enforceability of this Section — except that a court decides any dispute about Section 28.6 (class waiver).
28.4 How arbitration works
Arbitration is before a single neutral arbitrator, is less formal than court, allows more limited discovery, and is subject to very limited review. The arbitrator may award the same individual relief a court could, and must follow these Terms. Unless you and we agree otherwise, arbitration will be conducted by written submissions, telephone, or video where the AAA rules allow; if an in-person hearing is required, it will take place in the county or district where you live, or another mutually agreed location. Fees are allocated under the AAA Consumer Arbitration Rules; where those rules require us to pay, we will. Judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
28.5 Exceptions
Either party may: (a) bring an individual claim in small-claims court if it qualifies and remains there on an individual basis; and (b) seek injunctive or other equitable relief in court to stop actual or threatened infringement, misappropriation, or violation of intellectual-property rights or unauthorized access to the Service (including breaches of Sections 11 and 22).
28.6 Class-action and jury waiver
You and Voyagera each waive the right to a trial by jury and the right to participate in a class, collective, consolidated, private-attorney-general, or representative proceeding. Claims may be brought only in an individual capacity. The arbitrator may not consolidate or preside over any form of representative proceeding and may award relief only to the individual party seeking it, and only to the extent needed to provide that party relief. If this paragraph is found unenforceable as to a particular claim or request for relief, then this entire Section 28 is void as to that claim or request only, which will proceed in the courts identified in Section 29, and the rest of this Section remains in force for all other claims.
28.7 Coordinated or mass filings
If 25 or more similar demands for arbitration are filed against us by or with the assistance of the same or coordinated counsel, the AAA's Mass Arbitration Supplementary Rules apply and the demands will be administered in sequential batches of no more than 50, each before a single arbitrator, with the parties selecting an equal number of cases per batch. Filing deadlines are tolled for demands awaiting their batch. This provision is intended to reduce cost and delay for everyone and does not prevent any individual claim from being heard.
28.8 One-year deadline to bring a claim
Any claim relating to the Service must be filed within ONE (1) YEAR after it arises, or it is permanently barred, to the extent applicable law permits a shortened period. This does not apply where the law of your country of residence forbids shortening the limitation period.
28.9 Your right to opt out — 30 days
You may opt out of Sections 28.3 through 28.8 by emailing hello@voyagera.app with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms, stating your name and the email address on your account and that you are opting out of arbitration. That is all it takes. Opting out has no effect on your account or your use of the Service, and if you opt out, disputes go to the courts identified in Section 29. If you have previously opted out, this Section does not apply to you.
28.10 Survival and severability
This Section survives termination of these Terms and closure of your account. Except as stated in Section 28.6, if any part of this Section is found unenforceable, the rest remains in effect.
28.11 Consumers outside the United States
Nothing in this Section deprives you of the protection of any mandatory consumer-law provision of the country in which you habitually reside, including any non-waivable right to bring proceedings in your local courts. Where such law applies and conflicts with this Section, that law prevails to the extent of the conflict, and the rest of this Section continues to apply.
29.Governing law and venue
These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Wyoming, United States, and by applicable United States federal law (including the Federal Arbitration Act), without regard to conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
For any dispute not subject to arbitration, you and Voyagera consent to the exclusive jurisdiction and venue of the state and federal courts located in Laramie County, Wyoming, and waive any objection to that venue on grounds of inconvenient forum. Each party bears its own costs unless a court orders otherwise.
If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose law gives you a non-waivable right to the protection of your local law and courts, that right is unaffected by this Section.
30.Apple and Google: additional app-store terms
Where you obtain the app from the Apple App Store, the following applies and, to the extent of any conflict with the rest of these Terms, controls for that purpose:
- These Terms are between you and Voyagera only, not with Apple. Apple is not responsible for the app or its content.
- Your licence to use the app is a non-transferable licence to use it on any Apple-branded device you own or control, as permitted by the Usage Rules in the Apple Media Services Terms of Use.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Voyagera's responsibility.
- Voyagera, not Apple, is responsible for addressing any claim relating to the app, including product-liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims under consumer-protection or privacy law.
- If a third party claims the app or your use of it infringes their intellectual property, Voyagera, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting”, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.
- You must comply with any applicable third-party terms of agreement when using the app.
Where you obtain the app from Google Play, your use is also subject to the Google Play Terms of Service, and Google is not a party to these Terms and is not responsible for the app.
31.Export controls and sanctions
The Service is subject to United States export-control and economic-sanctions laws. You represent and warrant that you are not located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive U.S. sanctions, that you are not identified on any U.S., UK, EU, or United Nations restricted-party or sanctions list, and that you will not use, export, or re-export the Service in violation of those laws. We may suspend or terminate access to comply with them.
32.Suspension and termination
You may stop using the Service and delete your account at any time — in the app under Settings, or as described at Delete your account.
We may suspend, restrict, or terminate your access, remove your content, or discontinue the Service, at any time and without prior notice or liability, if we reasonably believe you have breached these Terms or the law, if your use creates risk or legal exposure for us or others, if required by law or by Apple or Google, if your account is inactive for an extended period, or if we cease offering the Service.
On termination: your licence ends immediately; you must stop using the Service; content you published may be removed; content stored only on your device remains there until you delete it; and any unlocks, purchases, credits, or shared access are forfeited without refund, except where a refund is required by law or granted by Apple or Google. We are not liable to you or anyone else for suspension, termination, or the resulting loss of content or access.
Sections 5–12, 14, 16–19, 21, 23–31, and 32–35 survive termination, along with any other provision that by its nature should survive.
33.Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top. For material changes, we will give reasonable advance notice — in the app, by email, or on this page — before they take effect, unless a change must take effect immediately for legal or security reasons.
Your continued use of the Service after the changes take effect means you accept the updated Terms. If you do not accept them, stop using the Service and delete your account; that is your sole remedy. Changes to Section 28 do not apply retroactively to a dispute of which we already had notice.
34.General terms
- Entire agreement. These Terms, the Privacy Policy, and any supplemental terms are the entire agreement between you and Voyagera about the Service, and supersede all prior understandings, representations, and agreements about it.
- No reliance. You have not relied on any statement, promise, or representation not expressly set out here.
- Severability. If any provision is held invalid or unenforceable, it is modified to the minimum extent needed to make it enforceable — or, failing that, severed — and the rest remains in full force.
- No waiver. Our failure or delay in enforcing any provision is not a waiver of it, and any waiver must be in writing to be effective.
- Assignment. You may not assign or transfer these Terms or any rights under them without our written consent; any attempt to do so is void. We may assign them freely, including to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.
- Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, natural disaster, epidemic, war, terrorism, civil unrest, strikes, government action, sanctions, power or internet failure, and failures of hosting, network, store, or other third-party providers.
- Notices. We may give you notice by email to your account address, by in-app message, or by posting on this site; notice is deemed received when sent or posted. Legal notices to us go to hello@voyagera.app, and to our registered address in the State of Wyoming.
- Relationship. Nothing here creates a partnership, joint venture, employment, franchise, or agency relationship.
- No third-party beneficiaries, except as expressly stated in Sections 28.1 and 30.
- Interpretation. Headings are for convenience only. “Including” means “including without limitation”. These Terms will not be construed against the drafter.
- Language. These Terms are written in English. Any translation is provided for convenience, and the English version governs in the event of any inconsistency.
- U.S. Government users. The Service is “commercial computer software” under FAR 12.212 and DFARS 227.7202, licensed with only the rights granted here.
35.Contact
Questions about these Terms, dispute notices, arbitration opt-outs, copyright complaints, and reports of objectionable content all go to hello@voyagera.app. Please put the relevant subject line from the sections above so we can route it quickly.
Voyagera is operated by Blue Helix LLC, State of Wyoming, United States.