Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and TourBuddy (Pty) Ltd ("TourBiddy", "we", "us", or "our") governing your access to and use of the TourBiddy website at tourbiddy.com and any related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

TourBiddy is an AI-powered rate management platform designed for South African tour operators. Our Service helps tour operators manage supplier rate sheets, generate quotes, and streamline their booking operations.

Free trial accounts are provisioned by our team after a short verification process. By requesting a free trial, you are expressing interest in the Service and we will contact you to set up access.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements.

If you are using the Service on behalf of a business or organisation, you represent that you have the authority to bind that entity to these Terms.

4. Free Trial Registration

When you request a free trial, you agree to provide accurate and complete information. You are responsible for maintaining the accuracy of your information.

By requesting a free trial, you consent to receive communications from us regarding the Service, including trial access details and product updates. You may unsubscribe at any time.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorised access to our systems or networks
• Interfere with or disrupt the Service or servers
• Submit false or misleading information
• Use automated means to access the Service without our permission
• Violate any applicable laws or regulations

6. Intellectual Property

The Service and its original content, features, and functionality are owned by TourBiddy and are protected by South African and international copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

7. User Content

When the Service launches, you may be able to upload content such as rate sheets and business information ("User Content"). You retain ownership of your User Content, but grant us a licence to use it as necessary to provide the Service.

You are responsible for ensuring you have the right to upload any User Content and that it does not violate any third-party rights.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

9. Data Isolation & Confidentiality

TourBiddy is a multi-tenant platform. All customer data, including supplier rate sheets, parsed rates, quotes, bookings, client details, and pricing rules, is logically isolated per tenant. Every record is scoped to your organisation, and every query the Service performs is filtered by that scope.

Your data is never visible to, shared with, or aggregated for other tenants or tour operators using the Service. We do not use one customer's rates, margins, or supplier relationships to benefit another. Access within your tenant is limited to the users you invite.

We treat your commercial information as confidential and will only access it to operate, support, or secure the Service, where required by law, or with your permission.

10. Data Protection & POPIA Compliance

We process personal information in accordance with the Protection of Personal Information Act, 2013 ("POPIA"). Where you upload personal information about your clients or staff, you are the responsible party and TourBiddy acts as an operator processing that information on your behalf and on your instructions.

We implement reasonable technical and organisational measures to protect personal information, including encryption in transit, access controls, and tenant-scoped data storage. We will notify you without undue delay if we become aware of a security compromise affecting your personal information, so that you can meet your own obligations under POPIA.

Further detail on the personal information we collect and how we use it is set out in our Privacy Policy.

11. Sub-processors

To provide the Service we rely on a small number of third-party providers who may process data on our behalf:

• Clerk — authentication and user account management
• Loops — transactional and free trial email delivery
• Anthropic (Claude) — AI parsing of uploaded rate sheets
• Cloudflare — hosting, content delivery, and bot protection

Each sub-processor is bound by contractual obligations regarding confidentiality and data protection. Rate sheet content sent to Anthropic for parsing is used solely to return structured results to your tenant and is not used by us to train models. We will update this list when we add or replace a sub-processor.

12. AI-Generated Output

The Service uses artificial intelligence to extract rates, seasons, supplements, and other details from supplier documents. AI parsing is a productivity aid, not a guarantee of accuracy. Parsed output may contain errors, omissions, or misread values.

You are responsible for reviewing and verifying all AI-parsed rates before relying on them in quotes, bookings, or invoices. TourBiddy is not liable for any loss arising from unverified AI output, including under-quoting, over-quoting, or incorrect supplier terms.

13. Data Export & Deletion on Termination

You may export your rates, quotes, and bookings from the Service at any time while your account is active. On termination of your account, you may request an export of your data within 30 days, and we will provide it in a commonly used, machine-readable format.

After that 30-day period, we will delete or anonymise your tenant data from our production systems within a further 60 days, except where we are required by law to retain it, or where it persists in encrypted backups that are rotated on a fixed schedule.

14. Service Availability

We aim to keep the Service available and performant, but we do not guarantee any particular uptime. Planned maintenance will be communicated in advance where reasonably possible.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOURBIDDY 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.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE PAST TWELVE MONTHS.

17. Indemnification

You agree to indemnify and hold harmless TourBiddy and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of your use of the Service or violation of these Terms.

18. Termination

We may terminate or suspend your access to the Service at any time, without prior notice, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. Your data will be handled as described in section 13.

19. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website and updating the "Last updated" date.

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of South Africa.

21. Severability

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

22. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TourBiddy regarding the Service and supersede any prior agreements.

23. Contact Us

If you have any questions about these Terms, please contact us: