Introduction
PLEASE READ THESE TERMS CAREFULLY. SECTION 14 CONTAINS A BINDING, CONFIDENTIAL ARBITRATION AGREEMENT AND A CLASS-ACTION AND JURY-TRIAL WAIVER. THEY AFFECT HOW DISPUTES BETWEEN YOU AND ELITR ARE RESOLVED. BY USING THE SERVICE, YOU AGREE TO THEM.
These Terms of Use ("Terms") are a binding agreement between you and Elitr LLC ("Elitr," "we," "us," or "our"). They govern your access to and use of Elitr's travel-intelligence service, including our websites, applications, and related features (together, the "Service").
These Terms incorporate by reference our Privacy Policy, available at www.elitr.ai/privacy.
By creating an account and affirmatively accepting these Terms and the arbitration agreement in Section 14, or by otherwise accessing or using the Service, you agree to these Terms and to the Privacy Policy. If you do not agree, do not use the Service.
Section 1
1.1 You must be 18 or older. You must be at least 18 years old and able to form a binding contract to use the Service. The Service is not directed to anyone under 18, and we do not knowingly allow them to use it.
1.2 Eligibility. You may use the Service only if you can lawfully do so where you live, and only in compliance with these Terms and applicable law.
Section 2
2.1 Personal use. You may use the Service for your own personal purposes.
2.2 Acting for an organization. If you use the Service on behalf of a company, employer, or other legal entity (an "Organization"), you represent and warrant that you are authorized to accept these Terms on that Organization's behalf and to bind it. In that case, "you" and "your" mean both you individually and the Organization, and both are jointly and severally responsible for compliance with these Terms.
2.3 Your responsibility either way. You remain personally responsible for all activity under your account, including any use for an Organization and any data you connect to or submit through the Service.
Section 3
3.1 Registration. You must provide accurate information when you create an account and keep it current.
3.2 Account security. You are responsible for safeguarding access to the email address on your account and for all activity under your account. Notify us promptly at support@elitr.ai if you suspect unauthorized use.
Section 4
4.1 Travel intelligence. The Service uses automated systems, including artificial intelligence, to analyze information you provide or connect and to organize and monitor that information and to generate travel-related information, alerts, suggestions, and analyses. Some features use machine learning, large language models, generative AI, automated systems, or other artificial intelligence technologies (collectively, "AI Features"), which may be developed by us or licensed from third-party providers.
4.2 AI Is Probabilistic. AI Features work by identifying patterns and generating statistically likely results. They do not think, understand, verify, or independently confirm information the way a person does. Outputs may be inaccurate, incomplete, outdated, misleading, biased, offensive, unsuitable, or entirely fabricated (e.g., hallucinated), and may not reflect real-time conditions, official government data, or current pricing, availability, or scheduling information, even where an Output is phrased with apparent confidence or specificity.
4.3 You Must Independently Verify Outputs. You are solely responsible for reviewing, evaluating, and independently verifying every Output before using, publishing, sharing, or relying on it, including without limitation any Output relating to prices, availability, schedules, visa or entry documentation requirements, health or vaccination requirements, currency conversions, or safety or security conditions. Before making any booking, purchase, or financial decision, you are responsible for verifying the relevant details directly with the airline, hotel, loyalty program, card issuer, or other provider. You assume all risk associated with any reliance on any Output. The Service is not a substitute for official sources, including airline, hotel, or government websites, embassies and consulates, or licensed professionals.
4.4 No Professional or Travel Advisory Advice. Unless we expressly state otherwise in a separate written agreement with you, the Service does not provide legal, immigration, medical, mental-health, financial, tax, accounting, employment, insurance, safety, emergency, or other professional advice, and does not constitute an official government travel advisory. Outputs are for general informational and convenience purposes only and do not create a fiduciary, advisory, or other special relationship between you and us. You are responsible for obtaining advice from a qualified professional, and for consulting official government sources (such as the U.S. Department of State, WHO, or the relevant embassy or consulate), before making travel decisions.
4.5 No High-Risk Use. Do not use the Service, or rely on any Output, to make or support decisions that could materially affect a person's legal rights, health, employment, housing, education, credit, or insurance eligibility, unless we expressly authorize that use in writing prior to such use. The Service is not an emergency service and does not monitor real-time danger to any person. If you believe you or someone else may be in danger, contact local emergency services immediately.
4.6 No Immigration or Visa Reliance. Outputs relating to visas, entry requirements, passports, permits, or other travel documentation are generated based on patterns in training and retrieved data and may be outdated, incomplete, or incorrect. Entry and documentation requirements change frequently and vary by nationality, purpose of travel, and current government policy. You must independently confirm all visa, entry, and documentation requirements directly with the relevant embassy, consulate, or official government source before travel. The Service is not a substitute for, and does not constitute, official immigration guidance, and we are not responsible for any denied entry, delayed travel, fines, or other consequences resulting from reliance on an Output for this purpose.
4.7 No Safety or Security Advisory Reliance. Outputs relating to the safety or security conditions of a destination, including conflict, civil unrest, crime, natural disaster, or public health emergencies, are not real-time and may not reflect current conditions. You must independently consult official government travel advisories (such as the U.S. Department of State Travel Advisories, the UK Foreign, Commonwealth & Development Office, or equivalent authorities), the World Health Organization, and local authorities before making decisions based on safety or security conditions. The Service is not an official travel advisory service, and we are not responsible for any injury, loss, or harm resulting from reliance on an Output for this purpose.
4.8 Safety Measures. We may use filters, classifiers, moderation tools, rate limits, monitoring tools, or other safeguards to manage Inputs and Outputs. These measures may block, modify, delay, or remove Inputs or Outputs, may produce false positives or false negatives, and are not guaranteed to detect or prevent every inaccurate, harmful, or policy-violating Input or Output. You may not disable, evade, test, probe, or interfere with these measures except through a testing or research program we expressly authorize in writing. Attempting to bypass these measures is a material breach of these Terms and may result in immediate suspension or termination of your access, in addition to any other remedies available to us.
Section 5
5.1 Connected Accounts. To provide certain features, the Service allows you to link specific third-party accounts ("Connected Accounts") directly to your Elitr account. Connected Accounts are strictly limited to: (a) Financial Institutions, which are connected through our third-party data aggregator, Plaid (a "Data Provider"); and (b) Google Calendar, which is connected directly via standard OAuth authorization (Google, in that role, is also a "Data Provider"). Google is not used to sign in to Elitr. When you link a Connected Account, you authorize us to access and retrieve data from that account through the applicable Data Provider on an ongoing basis to power relevant features within the Service.
Manual Loyalty and Rewards Tracking. For loyalty, travel-rewards, credit-card, and other non-financial rewards programs (collectively, "Vault Items"), the Service operates on a manual, user-managed basis. Elitr does not request, connect to, or store your login credentials or authentication details for third-party loyalty or rewards programs. Information regarding these programs is added solely through manual entry or by forwarding statements to your designated Sol inbox. Any "Sign In" or external links provided within the Vault direct your browser to the respective provider's official website and do not transmit, capture, or read back credentials or account data.
5.2 We do not store your login credentials. We do not receive or store the usernames, passwords, or other login credentials for your Connected Accounts. Those are handled by the Data Provider. We do store an access token that authorizes the Service to access your Connected Account information through the Data Provider until you disconnect the Connected Account.
5.3 Your authorization. By connecting a Connected Account, you authorize Elitr and the Data Provider to access, retrieve, and use information from that Connected Account to provide the Service, as further described in the Privacy Policy and the authorization you accept at the time you connect. Information the Service accesses from a Connected Account is treated as an Input under these Terms (see Section 6).
5.4 The Data Provider's role and terms. The Data Provider processes your information under its own end-user privacy policy, which is separate from these Terms and our Privacy Policy. Your use of the connection is also subject to the Data Provider's applicable terms. We are not responsible for the Data Provider's services or for the accuracy of data supplied by your financial institutions or other account providers.
5.5 Disconnecting and revoking access. You may disconnect a Connected Account at any time through the Service. When you do, we will stop accessing new data through the Data Provider for that Connected Account and will delete or disable the stored access token for it, as described in the Privacy Policy. Disconnecting does not affect Outputs already generated.
5.6 Your responsibility for connected accounts. You represent that you have the right to connect each Connected Account you link and to authorize access to its information, including where the Connected Account belongs to or is used for an Organization.
Section 6
6.1 Definitions. These Terms use three defined terms for the information that flows through the Service:
6.2 License to your Inputs. As between you and Elitr, you own your Inputs, and we do not claim ownership of them. You grant Elitr a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, and use your Inputs to operate, provide, secure, and improve the Service and to generate Outputs for you. This license lasts only as long as needed for those purposes. Even after this license ends or you delete an Input or close your account, Elitr may retain and use copies of your Inputs only to the extent, and for the period, reasonably necessary to comply with applicable laws, regulations, and legal process; to establish, exercise, or defend legal claims; to enforce these Terms; to prevent fraud or abuse and maintain the security of the Service; and to retain routine backups made in the ordinary course. Elitr will delete or de-identify retained Inputs when these purposes no longer require them. Notwithstanding the foregoing, information the Service accesses from your Connected Accounts is retained only as described in the Privacy Policy, and when you disconnect a Connected Account, Elitr will delete or de-identify that Connected Account's information except where a specific legal obligation requires continued retention.
6.3 Elitr owns the Outputs. As between you and Elitr, Elitr owns all Outputs and all rights in them. We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use Outputs solely for your own internal purposes and in accordance with these Terms.
6.4 Restrictions on use of the Service and Outputs.
(a) You may not:
(b) You acknowledge and agree that the restrictions in Section 6.4(a) are (i) reasonable and necessary to protect our Service, our AI Features, and our proprietary data, and (ii) a material inducement to our willingness to make the Service available to you — we would not do so in the absence of your agreement to these restrictions. You further acknowledge that any breach of Section 6.4(a) may cause us irreparable harm for which monetary damages would be an inadequate remedy, and that we are entitled to seek injunctive or other equitable relief in addition to any other remedies available to us.
6.5 Your own financial information. For clarity, nothing in these Terms prevents you from accessing, viewing, or using your own underlying financial account information (such as your own rewards balances or transactions) for your personal, non-commercial purposes. The restrictions above apply to the Service and to Outputs, not to your independent right to your own financial information.
6.6 Usage Data. Elitr owns all Usage Data. You agree that Elitr may collect, generate, use, store, analyze, combine, and disclose Usage Data, in Elitr's sole discretion, for any lawful business purpose, including to operate, secure, analyze, improve, and develop the Service and Elitr's other products and services; to create models, analytics, benchmarks, and derived insights; and to create and use aggregated or de-identified information derived from use of the Service, provided such information does not identify you and Elitr does not attempt to re-identify it. Elitr may retain and continue to use Usage Data during and after your use of the Service, including after your account is closed. Elitr's collection and use of Usage Data is described in, and remains subject to, these Terms and applicable law; to the extent Usage Data is derived from information the Service accesses from your Connected Accounts, Elitr will handle it consistent with the Privacy Policy and any consent you provide.
6.7 Feedback. If you give us feedback or suggestions, we may use them without obligation to you.
Section 7
7.1 Paid Subscriptions and Plans. Certain features of the Service require a paid subscription. Subscriptions are offered on monthly and annual billing cycles.
7.2 Free Trials and Automatic Renewal. We may offer a 7-day free trial for monthly and annual plans. A valid payment method is required at the time of signup. Unless you cancel before the end of the 7-day trial period, your trial will automatically convert into a paid subscription, and your payment method will be charged the applicable plan fee for your first billing period. Thereafter, your subscription will automatically renew at the end of each billing period (monthly or annually) at the then-current rate for your plan until you cancel.
7.3 Merchant of Record. Purchases are processed by Creem, which acts as our Merchant of Record. When you purchase a subscription, you enter into a commercial transaction directly with Creem under Creem's Terms of Service and Privacy Policy. Creem handles all payment processing, tax calculation and collection, invoicing, receipts, and subscription management on our behalf. Elitr does not directly receive, collect, or store your payment card details; access to the Service is granted based on the subscription status reported by Creem.
7.4 Cancellation. You may cancel your subscription at any time through your account settings (Profile → Manage membership, which directs you to the Creem customer portal) or by contacting our support team at support@elitr.ai. Cancellation takes effect at the end of the current billing or trial period. You will retain access to paid features through the end of your current period, and no further recurring charges will be made.
7.5 Changes to Fees. We reserve the right to modify our subscription rates or plan fees on a going-forward basis. Any fee changes will take effect at your next renewal following reasonable advance notice to you, except that subscribers enrolled under a "Founding Rate" or similar lifetime pricing offer will retain their initial annual plan rate for as long as their subscription remains active and continuously renewed without interruption or plan change.
7.6 Refunds. Except where strictly required by applicable law, all fees paid for subscriptions and renewals are non-refundable.
Section 8
You agree to use the Service only for lawful purposes and in accordance with these Terms. Among other things, you must not misuse the Service, interfere with its operation or security, attempt to access it in unauthorized ways, or use it to violate the rights of others.
Section 9
The Service relies on and links to third parties — including Data Providers, financial institutions, airlines, hotels, loyalty programs, and payment processors. We do not control them and are not responsible for their services, data, or acts, and your dealings with them may be subject to their own terms.
Section 10
The Service, including its software, models, design, and content (including Outputs but not including your Inputs), and all related intellectual-property rights, belong to Elitr and its licensors. Except for the limited licenses expressly granted in these Terms, you receive no rights in the Service or Outputs.
Section 11
THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF OUTPUTS OR OF DATA ACCESSED THROUGH DATA PROVIDERS OR OTHER THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THESE MAY NOT APPLY TO YOU.
Section 12
12.1 TO THE FULLEST EXTENT PERMITTED BY LAW, ELITR AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST DATA, OR LOST REWARDS OR POINTS, ARISING OUT OF OR RELATING TO THE SERVICE, THE OUTPUTS, OR DATA ACCESSED THROUGH DATA PROVIDERS OR OTHER THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.
12.2 OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD). THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Section 13
You will indemnify and hold harmless Elitr and its affiliates from any claims, losses, and expenses (including reasonable legal fees) arising out of your Inputs, your use of the Service or Outputs, your connection of Connected Accounts through a Data Provider, your violation of these Terms, or, where you use the Service for an Organization, the Organization's acts or omissions.
Section 14
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND ELITR TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
14.1 Informal resolution first. Before starting an arbitration, you and Elitr agree to try in good faith to resolve the dispute informally during an informal-resolution period of at least 60 days. To begin the informal-resolution period, the party raising the dispute must send an individualized written notice of dispute describing the claim, the specific relief sought, and the amount at issue, signed by the party bringing it (and, if you are represented, by you personally). A notice you send to Elitr must go to legal@elitr.ai; a notice Elitr sends to you will go to the email associated with your account. You and Elitr must engage in a good-faith individualized discussion (including, at either party's request, an individualized telephone or videoconference) during this informal-resolution period. This requirement is a condition precedent to starting arbitration; the deadline to file is paused while the parties comply, and neither party may commence arbitration until the informal-resolution period ends. A notice that purports to cover multiple claimants on a mass or coordinated basis does not satisfy this Section.
14.2 Agreement to arbitrate. If the dispute is not resolved within the informal-resolution period, you and Elitr agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis, rather than in court, except as stated in Section 14.8. This agreement to arbitrate is governed by the Federal Arbitration Act.
14.3 Administrator and rules. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Supplementary Rules for Multiple Case Filings (together, the "AAA Rules"), as modified by this Section 14, and the AAA Rules are incorporated by reference. In the event of a conflict between the AAA Rules and this Section 14, this Section 14 governs to the extent permitted by the AAA Rules and applicable law. Information about the AAA, its rules, and its fee schedules is available at www.adr.org. If the AAA is unavailable or declines to administer the arbitration in a manner consistent with this Section, you and Elitr will select a substitute administrator, and if the parties cannot agree, a court of competent jurisdiction located in Travis County, Texas may appoint one.
14.4 Location and format. The arbitration will be seated in Travis County, Texas. Hearings, if any, will be held in Travis County, Texas, unless you and Elitr agree otherwise or the administrator's rules require a telephonic or document-only proceeding.
14.5 Confidentiality. The arbitration, including its existence, the proceedings, all submissions, and the award, is confidential. You and Elitr will not disclose them except as necessary to conduct the arbitration, to enforce or challenge the award, or as required by law.
14.6 Class-action and jury-trial waiver. You and Elitr agree that each party may bring claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not preside over any form of class, collective, or representative proceeding, and, except as provided in Section 14.7, may not consolidate or join the claims of more than one person. You and Elitr each waive any right to a jury trial.
14.7 Coordinated proceedings. If 25 or more similar arbitration demands are asserted against Elitr by or with the assistance of the same or coordinated counsel, the demands will be administered under the AAA's Supplementary Rules for Multiple Case Filings. You and Elitr agree that a process arbitrator may batch and stage the demands for administrative purposes, that an initial group of no more than 10 bellwether cases (selected equally by each side) will be arbitrated first, and that the remaining demands will be stayed pending a global mediation informed by the bellwether outcomes. Any applicable filing deadline or limitations period is tolled for the stayed demands while they are stayed. This Section does not create, and may not be construed to permit, any class, collective, or representative proceeding, and the waiver in Section 14.6 otherwise continues to apply.
14.8 Exceptions. Either party may bring an individual claim in small-claims court if it qualifies. Either party may seek injunctive or other equitable relief in a court located in Travis County, Texas to protect its intellectual property or confidential information pending arbitration. Either party may bring an action in a court located in Travis County, Texas to compel arbitration, to enforce an arbitration award, or if the other party fails to pay the fees required to initiate or continue the arbitration.
14.9 Fees and costs. Filing, administrative, and arbitrator fees will be allocated as provided in the AAA Rules. Each party will bear its own attorneys' fees and costs, except where applicable law or the arbitrator's award provides otherwise.
14.10 Severability of this Section. If the class-action and jury-trial waiver in Section 14.6 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in a court located in Travis County, Texas, while the rest of this Section remains in effect for all other claims. However, if the waiver in Section 14.6 is found wholly unenforceable, or if it is determined that a class, collective, or representative proceeding may proceed in arbitration, then the entire agreement to arbitrate in this Section 14 is void, and all disputes will instead be resolved exclusively in the state or federal courts located in Travis County, Texas.
14.11 Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@elitr.ai with your name and account and a clear statement that you opt out. Opting out opts you out of only this Section and no other part of these Terms.
Section 15
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to Section 14, any dispute that proceeds in court must be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to their jurisdiction.
Section 16
16.1 By you. You may stop using the Service and close your account at any time.
16.2 By us. We may suspend or terminate your access at any time if you violate these Terms, if we reasonably believe it is necessary to protect the Service, other users, or third parties, or as otherwise permitted by law.
16.3 Effect of termination. On termination, your licenses end and you must stop using the Service and Outputs. We will handle any Connected Account information and stored access tokens as described in the Privacy Policy. Sections that by their nature should survive termination of these Terms — including Sections 6, and 10 – 17 — will survive.
Section 17
17.1 To the Service. We may change, suspend, or discontinue any part of the Service at any time.
17.2 To these Terms. We may update these Terms from time to time. If we make material changes, we will provide you reasonable notice, such as through the Service or by email. You agree that your acknowledgment of the changes or your continued use after the changes take effect indicates your acceptance of and agreement to the updated Terms.
Section 18
18.1 Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and Elitr about the Service and supersede any prior agreements on that subject.
18.2 Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets, or otherwise as permitted by law.
18.3 Severability and waiver. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.
18.4 Notices and Contact. We may give you notices through the Service or by email. You may send legal notices to legal@elitr.ai and contact us at support@elitr.ai.