Terms of Service

These Terms of Service ("Terms") form a legally binding agreement between you and Tourbox Systems Limited ("Tourbox", "we", "us", "our"), a company registered in England and Wales under company number 15613075, with its registered address at 125 Freshfield Road, Brighton, England, BN2 0BR.

By creating an Account or using the Platform, you confirm that you have the authority to bind your organisation to these Terms and that you agree to be bound by them. If you do not agree, you must not use the Platform.

For questions about these Terms, contact us at support@tourbox.com.

1. Definitions

In these Terms, the following definitions apply:

• "Account" means the individual user account created via our authentication provider (Hanko) to access the Platform.
• "Authorised Users" means the individuals whom the Operator permits to access and use the Platform through the Organisation, each holding their own Account.
• "Billing Provider" means Paddle.com Market Limited ("Paddle"), which acts as the merchant of record for all payments under a Subscription.
• "Customer Data" means all data, content, files, and information that the Operator or its Authorised Users upload, enter, or otherwise transmit to the Platform, including but not limited to customer records, booking data, itineraries, documents, and communications.
• "Operator" means the business entity or sole trader that subscribes to the Platform to manage its tour operations.
• "Organisation" means the tenant workspace within the Platform created by the Operator, to which Authorised Users are invited.
• "Platform" means the Tourbox web application, APIs, and all related services provided by Tourbox.
• "Service" means the provision of the Platform and all associated functionality as described in these Terms.
• "Subscription" means the paid plan selected by the Operator, which determines the features, usage limits, and number of seats available to the Organisation.

2. Account registration and organisation setup

2.1 Authentication

The Platform uses Hanko for passwordless, email-based authentication. Each Authorised User must register with a valid email address. Tourbox does not store or manage passwords.

2.2 Organisation creation

Upon registration, the Account holder may create an Organisation. Each Organisation operates as a separate tenant within the Platform, with its data logically isolated from all other Organisations.

2.3 Member roles

The person who creates the Organisation is designated as the owner. The owner may invite additional Authorised Users and assign them one of the following roles:

• Owner: full administrative control, including billing management, member management, and Organisation settings.
• Admin: administrative access to Organisation settings and member management, but may not manage billing.
• Editor: operational access to create and manage bookings, customers, itineraries, and day-to-day platform features.

2.4 Owner responsibilities

The owner is responsible for:

• maintaining the security of the Organisation and its Authorised Users;
• managing membership, including revoking access for individuals who should no longer have it;
• ensuring all Authorised Users comply with these Terms; and
• keeping billing and contact information accurate and up to date.

3. Subscription and billing

3.1 Merchant of record

All payments for the Platform are processed by Paddle, which acts as the merchant of record. Paddle processes payments, issues invoices, and calculates and remits applicable taxes on behalf of Tourbox. Tourbox does not directly handle, store, or process payment card data.

3.2 Pricing and seats

Subscriptions are priced on a seat-based model. The number of seats determines how many Authorised Users may access the Organisation. Additional seats may be purchased at any time during the Subscription period.

3.3 Free trial

New Organisations are eligible for a free trial of 30 days. No credit card is required to start the trial. At the end of the trial, the Operator must subscribe to a paid plan to continue using the Platform. If no Subscription is activated, access to the Organisation will be restricted.

3.4 Auto-renewal

Subscriptions automatically renew at the end of each billing period (monthly or annual, depending on the plan selected) unless cancelled before the renewal date.

3.5 Cancellation

The Operator may cancel a Subscription at any time. Cancellation takes effect at the end of the current billing period. The Operator will retain access to the Platform until the end of that period. No partial refunds are issued for unused time within a billing period.

3.6 Refunds

Cancellations and refunds are governed by our Refund Policy. In summary: monthly fees are not refunded for the unused part of a period, new annual subscriptions carry a 14-day goodwill refund window, and refunds are processed by Paddle. Tourbox may, at its discretion, instruct Paddle to issue a refund in other appropriate circumstances.

3.7 Price changes

Tourbox may change Subscription pricing at any time by giving the Operator at least 30 days' written notice. The new pricing will apply from the next renewal date following the end of the notice period.

4. Service description

The Platform provides tour operators with the following core functionality:

• Booking and enquiry management: create, manage, and track bookings and customer enquiries.
• Customer relationship management (CRM): maintain customer records, contact history, and segmentation.
• Itinerary building: design and manage trip itineraries.
• Customer communications: send email communications to customers (delivered via Mailgun).
• Financial management: generate invoices, quotes, and payment records; track revenue and produce financial reports.
• Dynamic form builder: create custom forms for data collection (e.g. passenger details, dietary requirements, preferences).
• File and document storage: upload and manage files and documents associated with bookings, customers, and itineraries.
• Consumer app data sync: share trip data, itineraries, and documents with travellers through the Tourbox consumer application.
• Maps and geocoding: display maps and resolve locations (powered by MapTiler).

4.1 Connected integrations

The Platform supports optional integrations with third-party services, which may include: Zoom, Slack, Vamoos, Xero, Gmail, and Outlook. The availability and functionality of integrations may change over time. See section 9 for further terms relating to integrations.

5. AI features

5.1 AI-powered functionality

The Platform includes AI-powered features such as document intelligence (PDF extraction and analysis) and content generation. These features are designed to assist Operators but do not replace professional judgement.

5.2 AI providers

AI-powered features are provided by EU-based AI providers: Mistral AI (text generation, document OCR, and classification) and Jina AI / Elastic (embeddings used for search). Customer personal data is not routed through AI providers outside the UK and EU. The current providers are listed in the Sub-processor List.

5.3 Usage tracking

AI usage (including tokens consumed and associated costs) is tracked per Organisation. Fair use limits apply based on the Operator's Subscription plan. Tourbox reserves the right to throttle or restrict AI usage that materially exceeds the fair use limits for the applicable plan.

5.4 No training on Customer Data

Tourbox does not use Customer Data to train AI models. Customer Data submitted to AI features is processed solely for the purpose of delivering the requested functionality to the Operator.

5.5 Accuracy and responsibility

AI-generated outputs are provided on an "as is" basis. Tourbox does not guarantee the accuracy, completeness, or fitness for purpose of any AI-generated content. The Operator is solely responsible for reviewing, verifying, and approving all AI outputs before relying on them or sharing them with third parties.

6. Platform disclaimer

Tourbox is a technology platform. Tourbox is NOT a travel agent, tour operator, travel organiser, or package holiday provider.

Tourbox does not sell, arrange, organise, or guarantee any travel services, holidays, tours, or related products. The Platform is a software tool that enables Operators to manage their own business operations.

The Operator is solely responsible for:

• all obligations to its own customers, including trip delivery, quality, and safety;
• obtaining and maintaining appropriate insurance (including, where applicable, travel industry bonding and financial protection);
• compliance with all applicable travel industry regulations, including the Package Travel and Linked Travel Arrangements Regulations 2018 (where applicable) and any equivalent legislation in the jurisdictions in which the Operator trades; and
• the accuracy and legality of all content, pricing, and information it publishes or communicates through the Platform.

Tourbox has no liability whatsoever for the travel services, products, or experiences that Operators sell, promote, or deliver through the Platform.

7. Data ownership

7.1 Operator's data

The Operator retains full ownership of all Customer Data at all times. Nothing in these Terms transfers ownership of Customer Data to Tourbox.

7.2 Licence to process

The Operator grants Tourbox a limited, non-exclusive, non-transferable licence to host, store, process, and display Customer Data solely as necessary to provide the Service to the Operator and its Authorised Users.

7.3 Data on termination

Upon termination of a Subscription (for any reason), Tourbox will make Customer Data available for export for a period of 30 days from the effective date of termination. After this 30-day period, Tourbox will delete all Customer Data from its systems, except where retention is required by law or as set out in the Data Processing Agreement.

8. Data protection

8.1 Data Processing Agreement

The Data Processing Agreement is incorporated into and forms part of these Terms by reference. It sets out the parties' obligations with respect to the processing of personal data under UK data protection law (including the UK GDPR and Data Protection Act 2018).

8.2 Security measures

Tourbox implements appropriate technical and organisational security measures, including:

• multi-tenant data isolation using PostgreSQL Row-Level Security (RLS), ensuring that each Organisation's data is logically separated from all other Organisations;
• encryption of data in transit and at rest;
• encrypted storage of integration credentials (AES-256-CBC); and
• additional security measures as detailed in the Data Processing Agreement.

8.3 Privacy Policy

Our Privacy Policy explains how we collect, use, and protect personal data relating to Authorised Users and Account holders.

9. Integrations

9.1 Operator-initiated

All third-party integrations are initiated and configured by the Operator. Tourbox does not activate integrations without the Operator's express instruction.

9.2 Credentials

The Operator is responsible for maintaining valid credentials and API keys for any integrations it enables. Integration credentials are stored in encrypted form (AES-256-CBC) within the Platform.

9.3 Third-party liability

Tourbox is not responsible or liable for the availability, performance, accuracy, or security of any third-party service. Tourbox is not liable for any loss or damage resulting from third-party service failures, outages, or changes to their functionality or terms.

9.4 Third-party terms

The Operator must comply with the terms of service and acceptable use policies of any third-party service it connects to the Platform. A breach of third-party terms that affects the Platform may be treated as a breach of these Terms.

10. Acceptable use

Use of the Platform is subject to the Acceptable Use Policy, which is incorporated into and forms part of these Terms by reference. The Operator must ensure that all Authorised Users comply with the Acceptable Use Policy.

11. Intellectual property

11.1 Tourbox IP

All intellectual property rights in the Platform, including source code, object code, design, layout, user interface, branding, trademarks, documentation, and any updates or improvements, belong to Tourbox (or its licensors). Nothing in these Terms grants the Operator any rights in or to the Platform other than the limited right to use it in accordance with these Terms.

11.2 Customer Data

All intellectual property rights in Customer Data belong to the Operator (or its licensors). Tourbox claims no ownership of Customer Data.

11.3 Restrictions

The Operator may not, and must ensure that Authorised Users do not:

• copy, modify, adapt, or create derivative works of the Platform or any part of it;
• reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform;
• sublicense, resell, rent, lease, or otherwise make the Platform available to third parties; or
• remove, alter, or obscure any proprietary notices on the Platform.

11.4 Feedback

If the Operator or any Authorised User provides suggestions, ideas, or feedback about the Platform, Tourbox may use such feedback without restriction or obligation to the Operator.

12. Limitation of liability

12.1 Liability cap

To the maximum extent permitted by law, Tourbox's total aggregate liability to the Operator arising out of or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by the Operator to Tourbox (via the Billing Provider) in the 12 months immediately preceding the event giving rise to the claim.

12.2 Excluded losses

To the maximum extent permitted by law, Tourbox shall not be liable for any:

• indirect, incidental, special, consequential, or punitive damages;
• loss of profits, revenue, or anticipated savings;
• loss of data or corruption of data (except as expressly provided in section 7.3);
• loss of business opportunity, goodwill, or reputation; or
• cost of procuring substitute services,

in each case whether or not such losses were foreseeable.

12.3 Carve-outs

Nothing in these Terms excludes or limits liability for:

• fraud or fraudulent misrepresentation;
• death or personal injury caused by negligence; or
• any other liability that cannot be excluded or limited by applicable law.

13. Indemnification

13.1 Operator indemnity

The Operator shall indemnify, defend, and hold harmless Tourbox and its officers, directors, employees, and agents from and against any third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• the Operator's Customer Data, including any claim that it infringes third-party rights;
• the Operator's use of the Platform in breach of these Terms;
• the Operator's breach of applicable law; or
• any claims from the Operator's customers or end users relating to travel services, bookings, or obligations of the Operator.

13.2 Tourbox indemnity

Tourbox shall indemnify, defend, and hold harmless the Operator from and against any third-party claims that the Platform, as provided by Tourbox and used in accordance with these Terms, infringes the intellectual property rights of a third party. This indemnity does not apply to the extent that the claim arises from Customer Data, third-party integrations, or any modification of the Platform not authorised by Tourbox.

14. Suspension and termination

14.1 Suspension by Tourbox

Tourbox may suspend the Operator's access to the Platform, in whole or in part, if:

• the Operator or any of its Authorised Users breaches the Acceptable Use Policy;
• the Operator's Subscription payment is overdue by more than 14 days, provided Tourbox has given written notice of the overdue amount; or
• Tourbox reasonably determines that continued access poses a security threat to the Platform, other users, or their data.

Where reasonably practicable, Tourbox will provide notice before suspension and an opportunity to remedy the issue.

14.2 Termination by either party

Either party may terminate these Terms by giving the other party at least 30 days' written notice.

14.3 Termination for material breach

Tourbox may terminate these Terms immediately by written notice if the Operator commits a material breach that is either incapable of remedy or, where capable of remedy, is not remedied within 14 days of Tourbox providing written notice of the breach.

14.4 Effect of termination

On termination:

• the Operator's right to access and use the Platform ceases immediately (subject to any remaining paid period where the Operator has given notice of cancellation);
• Tourbox will make Customer Data available for export for 30 days from the effective date of termination, after which Customer Data will be deleted; and
• the Operator must cease all use of the Platform and destroy any copies of Tourbox materials in its possession.

14.5 Survival

The following sections survive termination of these Terms: section 1 (Definitions), section 6 (Platform disclaimer), section 7 (Data ownership), section 8 (Data protection), section 11 (Intellectual property), section 12 (Limitation of liability), section 13 (Indemnification), section 15 (Governing law and disputes), and this section 14.5.

15. Governing law and disputes

15.1 Governing law

These Terms are governed by and construed in accordance with the laws of England and Wales.

15.2 Jurisdiction

The courts of England and Wales have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.

15.3 Good faith resolution

Before commencing court proceedings (other than applications for injunctive or interim relief), the parties shall attempt to resolve any dispute in good faith through negotiation. Either party may initiate this process by giving written notice to the other. If the dispute is not resolved within 30 days of such notice, either party may commence proceedings.

16. Changes to terms

16.1 Notice of changes

Tourbox may update these Terms from time to time. We will give at least 30 days' notice of any changes by email to the billing contact registered for the Organisation.

16.2 Material changes

Where changes are material (for example, changes to pricing, liability, or data handling), we will clearly identify them in the notice.

16.3 Acceptance

Continued use of the Platform after the notice period constitutes acceptance of the updated Terms. If the Operator does not agree to the updated Terms, it may terminate its Subscription before the changes take effect.

17. General provisions

17.1 Force majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by events beyond its reasonable control, including (without limitation) natural disasters, war, terrorism, pandemics, strikes, government action, power failures, internet or telecommunications failures, or failures of third-party hosting providers.

17.2 Entire agreement

These Terms, together with the Privacy Policy, Data Processing Agreement, Acceptable Use Policy, Cookie Policy, and Sub-processor List, constitute the entire agreement between the parties in relation to the subject matter hereof and supersede all prior agreements, understandings, and representations (whether written or oral).

17.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be severed. The remaining provisions shall continue in full force and effect.

17.4 No waiver

A failure or delay by either party in exercising any right or remedy under these Terms shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

17.5 Assignment

The Operator may not assign, transfer, or delegate its rights or obligations under these Terms without Tourbox's prior written consent. Tourbox may assign these Terms (in whole or in part) in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by these Terms.

17.6 Notices

All notices under these Terms must be in writing and sent by email:

• To Tourbox: support@tourbox.com
• To the Operator: the email address registered as the billing contact for the Organisation.

A notice is deemed received on the day it is sent, provided no delivery failure notification is received by the sender.

17.7 Third-party rights

No person other than the parties to these Terms shall have any right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.