Experiences Terms of Use

Last updated: 2025-04-11

These Terms of Use govern your access to and utilization of Saily’s services when they are combined with the discovery, marketing, and booking of travel-related activities and experiences (such as tours, attractions, and activities; “Experiences”) provided by independent third parties (“Suppliers”).

Your use of Saily’s services is also subject to the Consumer Terms of Service. If there is any conflict or inconsistency between clauses in the Consumer Terms of Service and these Terms, these Terms will govern and apply.

1. Introduction

1.1. Overview of Terms

Thank you for choosing Saily. Before you begin using the services, please take the time to carefully read these Experiences Terms of Use (“Terms”). These Terms outline the access to and use of:
(i) our software applications (“Software”, as defined below),
(ii) the Saily booking platform (“Platform”), accessible via the Saily mobile application (“App”) and/or website (“Website”, collectively “Channels”), from which you can access a curated selection of Experiences offered by Suppliers.

Together, these elements are collectively called “Service” or “Services”.

Throughout these Terms, "you" refers to any individual or entity accessing or utilizing the Services.

You understand that:

  • When you book an Experience through the Platform, you are entering into a direct contractual relationship exclusively with the third-party Supplier providing the Experience.

  • Saily acts solely as a commercial sub-agent. Saily’s role is strictly limited to promoting, marketing, and assisting with bookings of Experiences, for which we may receive a commission from the Supplier.

  • Saily does not act as the organizer, provider, reseller, landlord, guarantor, or insurer of any Experience listed on the Platform. All obligations related to the Experiences, including but not limited to execution, fulfillment, compliance with applicable laws, and customer service, rest solely with the Supplier.

1.2. Updates to Terms

We reserve the right to amend these Terms from time to time for, including but not limited to the following reasons:
(i) compliance with legal obligations or regulatory directives;
(ii) prevention of misuse or harm;
(iii) clarification of the Terms;
(iv) any other valid reason, including for security or operational efficiency.

It is your responsibility to regularly review these Terms to stay informed of any updates. Where material changes are made that affect your rights or obligations, we will notify you in advance using reasonable means (e.g., via email or in-app notification). Unless stated otherwise, updated Terms take effect immediately upon publication. Continued use of the Services following the effective date constitutes your acceptance of the revised Terms. If you do not agree to the changes, you may terminate your relationship with us at any time by closing your account and discontinuing use of the Services.

PLEASE NOTE: These terms may change periodically. It is your responsibility to review them regularly.

1.3. Binding Agreement

These Terms constitute a legally binding agreement between you (or any individual you represent) and Saily. By accessing and using the Services, you confirm that you have read, understood, and agreed to be bound by these Terms in full and without modification.

1.4. Eligibility

By using the Services, you confirm that you are at least eighteen (18) years old and possess the legal capacity and authority to enter into these Terms. You further affirm that you are legally permitted to access and use the Services in accordance with all applicable laws and regulations.

ACCESS TO OUR SERVICES IS CONDITIONAL UPON YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THEM, PLEASE REFRAIN FROM USING THE SERVICES.

1.5. About Saily

For the purposes of these Terms, “Saily,” “we,” “us,” or “our” refers to Saily Inc., a corporation duly organized under the laws of the State of Delaware, United States of America, with registration number 4419800 and principal business address at 330 N Wabash Ave, Chicago, IL 60611, United States.

1.6. Privacy

For information about how we collect and process your personal data, please read our Privacy Policy.

2. General Terms

2.1. Right to Use the Services

2.1.1. Permitted Use

Saily grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for personal, non-commercial purposes, including making bona fide inquiries and legitimate bookings for Experiences offered through the Platform. The Services that have been selected by you on the Platform are solely for your own use, and not for the use or benefit of any third party, except when you are booking Services for other travellers traveling with you. In such cases, it is your responsibility to ensure that those travellers are made aware of and comply with these Terms. You expressly agree not to use the Services for any speculative, false, misleading, or fraudulent purposes, including but not limited to making repeated bookings and subsequent cancellations without genuine intent to participate in the booked Experience.

Any such behavior, including repeated booking and cancellation patterns deemed abusive, fraudulent, or disruptive, is strictly prohibited and may result in the immediate suspension or termination of your access to the Services, cancellation of your bookings without notice, and potential legal action.

2.1.2. User Representations

By using the Services, you represent, warrant, and agree that:
(i) you are not currently suspended or prohibited from accessing the Services and your use of Saily has not been previously restricted;
(ii) you are not utilizing the Services on behalf of any competitor or for purposes that conflict with Saily’s commercial interests;
(iii) you have obtained all the necessary legal authorization and consents from any other passengers to act on their behalf;
(iv) you possess the full legal authority and capacity to enter into and comply with these Terms, and doing so does not contravene any other binding agreements to which you are a party.

2.1.3. Right to Restrict Access

Saily reserves the right, at its sole discretion and without prior notice, to restrict or deny access to any part of the Services (any of the Channels, Platform, Account, etc.) to any individual at any time and for any reason, including but not limited to, violations of these Terms.

2.1.4. Third-Party Content Disclaimer

While using the Services, you may encounter content, offers, or Experiences provided by third-party Suppliers that may be offensive, inaccurate, objectionable, or otherwise inappropriate. Saily does not endorse, control, or guarantee the accuracy, legality, quality, safety, or suitability of any such third-party material or Experiences.

However, if you have an unpleasant or unsatisfactory experience related to a booking of the Experience made through the Platform, we encourage you to contact us directly. Saily values your feedback and strives to continuously improve the Services to provide the best possible user experience.

2.2. Account Registration & Formation of Agreement with Saily

2.2.1. Formation of Agreement

By accessing and using the Platform, you enter into a free-of-charge agreement (“Agreement”) with Saily for the use of the Platform and related services. This contractual relationship becomes effective upon your first use of the Platform.

2.2.2. Requirements for Access

To view available Experiences and book them, you must:
(i) create a registered user account (“Account”); and
(ii) subscribe to a Data Plan, as outlined in Saily’s Consumer Terms of Service.
Please note that failure to comply with Section 2.2 of Saily’s Consumer Terms of Service may result in limitations or denial of access to Platform and related Services.

2.2.3. Account Registration

Creating an Account requires you to provide accurate, complete, and up-to-date information, including (but not limited to) your name, email address, and billing details. You are responsible for ensuring this information remains current. Your Account is personal and non-transferable.

2.2.4. Account Security & Responsibility

You are solely responsible for all activities conducted under your Account and for maintaining the confidentiality of your Account credentials, including your password. This responsibility extends to any usage by others, whether authorized or unauthorized. To safeguard your Account, do not share your password or reuse it across third-party platforms. You agree to notify us immediately if you suspect unauthorized use or breach of security regarding your Account.

2.2.5. Acceptance of Terms & Policies

During the Account registration, Data Plan subscription, browsing and booking of the Experiences, you will be required to agree to additional terms and policies, including those of third-party suppliers. These terms form an integral part of this Agreement and are binding upon all users of the Services.

2.2.6. Suspension or Termination of Account

Saily reserves the right, at its sole discretion, to suspend or terminate your Account, or restrict your access to all or part of the Services, without prior notice or liability. This may occur for any reason, including but not limited to, misuse of the Platform, Website, App or violation of these Terms. Such termination may result in the loss of access to your Account, and other related information.

2.2.7. Termination by User

You may terminate your Account at any time by contacting us to request closure of your Account and ceasing all use of the Services.

2.2.8. Consumer Rights

If you are a consumer residing in the EU, UK, or other territories, you may have mandatory consumer rights under applicable laws. Nothing in these Terms affects or limits any such statutory rights.

2.2.9. Monitoring

To the extent required by applicable law, regulations, orders from government authorities or to the extent necessary to protect us and other users, we may monitor and, if obliged, disclose information related to your Account data and/or Services used.

2.2.10. Unauthorized Use Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT: (1) NEITHER SAILY NOR ITS AFFILIATES WILL BE LIABLE FOR ANY UNAUTHORIZED BOOKINGS OF THE EXPERIENCES OR USE OF YOUR ACCOUNT OR CREDENTIALS; AND (2) UNAUTHORIZED USE OF YOUR ACCOUNT OR CREDENTIALS MAY RESULT IN LIABILITY ON YOUR PART TOWARDS SAILY AND OTHER USERS.

2.3. Experiences Booking & Formation of Agreement with the Supplier

2.3.1. Role of Saily

Saily operates the Platform to enable you to research, select, and book Experiences offered by third-party Suppliers. Saily is not the provider, travel agency, tour operator, or organizer of any Experience shown on the Platform. Saily acts solely as the sub-agent and only facilitates the conclusion of the agreement between you and the Supplier. We do not become a contractual party to the booking of the Experience.

SAILY IS NOT A PARTY TO ANY CONTRACT BETWEEN YOU AND THE SUPPLIER, NOR DOES IT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE PROVISION, QUALITY, SAFETY, LEGALITY, FITNESS, OR DELIVERY OF THE EXPERIENCES.

2.3.2. Availability of Experiences

Saily reserves the right to modify, limit, or withdraw the availability of Experiences at any time. You may browse, select, and book available Experiences through the Platform, but we are under no obligation to update, maintain, or continue offering specific Experiences, content, features, or services. We may also discontinue or alter our Services without prior notice and without any commitment to their ongoing availability.

2.3.3. How to Book

To book an Experience:
(i) select your chosen Experience's available date;
(ii) select any applicable options for the chosen Experience (including, but not limited to, guide language, time, or ticket duration);
(iii) provide the required contact details for the booking (please note, for certain Experiences, you may be required to provide details for each guest, such as first and last name);
(iv) proceed to checkout by selecting “Checkout,” where you will be prompted to provide the necessary information, including payment details; and
(v) at the end of the checkout process, you submit a legally binding offer to enter into an agreement with the Supplier for the selected Experience (“Experience Agreement”).

Following submission, you will receive an automatic order confirmation on behalf of the Supplier. Please note that this confirmation does not constitute acceptance of your offer.

If you require any additional information about an Experience - information that may influence your decision - it is your responsibility to contact Saily prior to booking the Experience. Once a booking is completed, any cancellations or modifications are subject to the applicable cancellation policies.

2.3.4. Booking Confirmation

The agreement with the Supplier is finalized when you receive a formal booking confirmation issued in the name and on behalf of the Supplier. This may include a voucher or ticket (either digital or downloadable) and a payment confirmation. Saily and the Supplier reserve the right to accept or reject any booking request at their sole discretion.

2.3.5. Supplier Terms & Liability

When you choose an Experience via the Platform, you are making an offer to enter into a binding agreement directly with the Supplier. That means that you will become the party to the Experience Agreements with Suppliers and will be bound by their terms and conditions.

By booking an Experience, you agree to be bound by the relevant Supplier’s terms and conditions, policies, and rules (“Supplier Terms”) which are an integral part of the Experience Agreement. It is your responsibility to familiarize yourself with such Supplier Terms. Should there be any conflict between the Supplier Terms and these Terms concerning your relationship with Saily, these Terms will prevail.

Your engagement with Suppliers is entirely at your own risk. Saily bears no responsibility or liability for any actions, omissions, errors, warranties, representations, breaches, or negligence on the part of Suppliers. This includes, without limitation, any personal injury, death, property damage, or other losses or expenses resulting from your interaction with a Supplier and their provision of Experience.

2.3.6. Disclaimer of Affiliation

Saily is not a travel agency and does not own, control, or operate any Experiences. While we provide the Platform to display information and assist with the bookings, this does not imply endorsement, partnership, or sponsorship of any Supplier.

User-generated ratings and reviews are personal opinions and do not constitute recommendations by Saily.

3. Pricing & Payments

3.1. Price Quotation

Prices for each Experience are typically quoted on a per-person basis, unless otherwise stated. Price quotes are based on the local tariff at the time of the booking and are converted using the prevailing exchange rate determined by Saily.

3.2. Price Inclusions & Exclusions

Taxes and Fees: Prices may not include any local taxes or usage fees, which may encompass departure taxes, security fees, port charges, park entrance fees, “pillow” taxes, customs duties, immigration fees, passenger facility charges, or international transportation taxes. In all cases, you will be notified of any additional costs in the Experience description.

Other Exclusions: Prices also do not cover tips or gratuities, passport and visa fees, baggage and personal insurance, personal items, taxes or duties, or food and beverages that are not explicitly stated as included by the Supplier.

3.3. Currency Conversion

If Saily provides a currency converter, the rates are based on publicly available sources and should only be used as a guideline. Rates are not guaranteed to be accurate, as they may not update daily. Saily will not be held responsible for discrepancies resulting from fluctuations in currency exchange rates.

3.4. Payment Process

Pre-payment: All Experiences are booked on a pre-purchase basis. Full payment is required to confirm a booking.

Payment Method: You will need to provide your payment details, and Saily will process your payment as a billing sub-agent for the Supplier.

3.5. Additional Fees & Charges

The value of your booking may be subject to additional fees, such as foreign transaction, currency exchange, and other related charges. Your bank or card company may convert the payment into local currency and may apply extra fees.

If you have questions regarding these charges, we recommend contacting your bank or card provider for more details.

3.6. Authorization & Accuracy

By providing payment information, you confirm that:
(i) You are authorized to use the payment method provided.
(ii) The payment details you’ve provided are accurate and truthful.
(iii) You authorize Saily to charge your payment method for the Experiences you book.

You can view your booking history through your Saily’s Account.

3.7. Invoicing

The issuance of invoices is the sole responsibility of the relevant Supplier conducted through designated electronic means.

3.8. Invoice Requests

If you require an invoice for your booking, please contact us at [email protected]. The processing time will depend on the policies and procedures of the Supplier.

3.9. Fraud Protection

Saily reserves the right to verify credit or debit card payments before finalizing your purchase.

4. Changes & Cancellations Policy

4.1. No Changes or Cancellations After Booking

You may cancel the Experience only in accordance with the cancellation policies outlined in the Supplier Terms, as detailed in the Experience description on the Platform.

4.2. Responsibility for Meeting Place & Time

It is your responsibility to arrive at the designated meeting location for the Experience at the scheduled time and date communicated to you, unless the Supplier Terms or the relevant Experience information specifies a pickup option. For certain Experiences, the exact location details will be provided once the Supplier confirms your booking. Please ensure you carefully review any communication you receive from the Supplier. If you fail to arrive at the meeting point on time, the Supplier may offer an alternative, but they are under no obligation to do so. In the absence of such accommodation, your booking will be considered a "no-show," and no refund or rebooking will be provided.

4.3. Exclusion of the 14-Day Withdrawal Period

Given the character and nature of the Experiences, you shall not have the right to withdraw from the Agreement within a 14-day period after its conclusion, or at any time thereafter, even if you are a consumer residing in an EU member state. The directive 2011/83/EU on consumer rights granting the right to withdraw from the contract to consumers is not applicable to the Agreement under the exception provided by the Art. 16 (l) of the directive 2011/83/EU on consumer rights.

4.4. Standard Cancellation Policy

Unless otherwise specified in the description of the Experience on the Platform, in the Supplier Terms, or on the Experience voucher/ticket, the following cancellation conditions will apply:
(i) For cancellations made more than 24 hours before the start of the Experience: a full refund of the booking price;
(ii) For cancellations made 24 hours or less before the start of the Experience, or in the case of a no-show: no refund will be issued.

PLEASE NOTE: Some Experiences may have different cancellation policies, so it is important to review the specific cancellation terms in the Experience description when booking.

In case of any discrepancy between these Terms and the Supplier Terms, Experience card, or voucher/ticket, the latter will prevail.

To request a cancellation, please contact our support team directly via [email protected] or through chat via Saily App. Please note that some Experiences may not allow free cancellations or may apply cancellation fees, depending on the Supplier's policy.

4.5. Non-Refundable "Sale" and Special Offers

Any Experience marked as 'Sale' or with similar messaging is non-refundable. Once booked, it cannot be changed or cancelled.

4.6. Change Requests and Modifications

Modifications to bookings (such as changes to date, time, or guest details) are not available. If you need to make a change, the only option is to cancel your booking, subject to the specific cancellation policy of the Experience. Each Experience has its own cancellation terms, which are clearly outlined in the description of the Experience on the Platform. You must cancel the Experience before the applicable refund deadline, even if you are contacting the Supplier directly and waiting for a response.

Please note that once you cancel, the same Experience may no longer be available for rebooking, as it could be fully booked, unavailable, or discontinued for other reasons.

4.7. Promotional Codes and Discounts

If you use a promotion code or accept a special offer at checkout, be aware that any modification requests made after booking may invalidate the discount or promotional pricing.

4.8. No Refunds After Commencement

No refunds will be issued once an Experience has begun, under any circumstances.

4.9. Supplier Changes to the Experience

Occasionally, the Supplier may make changes to an Experience after your booking, including modifications to dates, times, prices, inclusions, or other important details. If the changes are significant (for example, a date change), and you are not satisfied with the alternative offered, you are entitled to a full refund of the original booking price.

4.10. Withdrawal of Services & Overriding the Cancellation Policy

Saily reserves the right to withdraw services and override the cancellation policy of an Experience when necessary, for the protection of all parties involved. This may result in the cancellation of your booking, and a refund (either partial or full) may be issued at our sole discretion. In such cases, neither Saily nor the Supplier will be held liable for cancellations or refunds.

5. Proof of Identity & Validation for Experiences

5.1. Travel Document Responsibility

When booking an Experience, it is your responsibility to ensure that you meet all the entry requirements for your destination, including having valid travel documents such as passports and visas.

5.2. Passport & Visa Compliance

It is your responsibility to consult the relevant embassy or consulate for the most accurate and up-to-date information regarding passport and visa requirements for the location of your Experience. As these requirements may change without prior notice, you are advised to verify the necessary details both prior to making your booking and before starting your Experience. Saily accepts no liability for any individual who is denied entry to any country, region, location, area, or transportation (including transit countries) while en route to or during the Experience.

5.3. Health & Visa Considerations

As health and visa entry requirements are subject to modification, we strongly advise you to consult the relevant authorities and consulates prior to departure. It is also your responsibility to check with your healthcare provider for any required vaccinations or medical advice before engaging in your Experience and to ensure compliance with all health-related entry requirements for your trip.

5.4. Travel Insurance Recommendation

Saily highly recommends purchasing comprehensive travel insurance prior to embarking on your Experience. Such coverage may assist in reimbursing you for cancellation fees or other related expenses in the event of trip alterations or cancellations. Please carefully review the terms and conditions of your travel insurance policy to ensure it aligns with your needs.

5.5. Risk Assessment

WHILE MOST TRAVEL EXPERIENCES ARE COMPLETED WITHOUT INCIDENT, SOME DESTINATIONS MAY CARRY HEIGHTENED RISKS. We advise customers to investigate up-to-date travel warnings, advisories, and prohibitions issued by official government sources before booking an Experience. Relevant information regarding safety and risks associated with travel to certain destinations can be found on authoritative government websites such as https://consular-protection.ec.europa.eu/travel-advice_en, www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac, and www.customs.gov.

SAILY DOES NOT GUARANTEE THE SAFETY OR ADVISABILITY OF ANY DESTINATION IN RELATION TO YOUR EXPERIENCE. Saily shall not be liable for any damages, losses, or incidents that may arise due to travel to destinations that involve elevated risks or unforeseen circumstances.

6. Your Obligations

6.1. General Use of Services

By accessing and using the Services, you agree to comply with these Terms and acknowledge that you are responsible for all activities conducted under your Account.

6.2. Proprietary Rights and Restrictions

The content and information provided on the Channels (including but not limited to messages, data, information, text, music, sound, photos, graphics, videos, maps, icons, software, and other materials - collectively referred to as "Channels Features"), Platform and the infrastructure enabling access to such features, are owned by us or our partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the aforementioned content, or any products or services obtained through the Channels and Platform without our prior written consent. Any unauthorized use of the Channels Features requires prior written approval from Saily.

6.3. Prohibited Activities

You agree not to engage in, or assist others in engaging in, any activities that:

6.3.1. Use the Services or Channels Features for unlawful, commercial, or harmful purposes, including but not limited to harassment, defamation, or promotion of discrimination or hate speech.

6.3.2. Access, copy, scrape, or retrieve content from the Channels and Platform using automated means (e.g., robots, spiders, or scrapers) without our express written permission, or circumvent any access restrictions in place.

6.3.3. Create excessive traffic demands, overload the infrastructure, or interfere with the proper functioning of the Channels and the Platform.

6.3.4. Engage in unauthorized practices such as deep-linking, framing, or mirroring any part of the Channels and Platform without prior written consent.

6.3.5. Attempt to modify, reverse-engineer, decompile, or disassemble any Software provided through the Services.

6.3.6. Transmit malicious software (e.g., viruses, worms, Trojan horses) or attempt to hack, gain unauthorized access, or disrupt the security of the Channels, Platform or any connected systems.

6.3.7. Submit or transmit spam, chain letters, mass emails, or engage in any form of mass messaging, whether commercial or not.

6.3.8. Solicit personal information from minors, or engage in activities that may harm or threaten any individual, including minors.

6.3.9. Violate any third-party rights, including intellectual property, privacy, or proprietary rights, or promote content that violates laws or regulations.

7. Termination

7.1. Termination by Saily

7.1.1. Termination of the Agreement. We may terminate the Agreement with you and suspend your access to the Services:
(i) if required to do so by law;
(ii) if you are reasonably suspected by Saily of conducting criminal or illegal activities while using the Services; or
(iii) if Saily, in its absolute discretion, determines that you have committed a material breach of these Terms.

7.1.2. Cancellation of the Experience. Saily is entitled to cancel the booking if we are not able to assist with the Experiences for reasons outside of our influence, for example if:
i) your payment was deemed fraudulent;
ii) the price changed for reasons we are not responsible for, e.g. unexpected price change by the Supplier;
iii) the Experience you booked was sold out;
iv) we were unable to book the Experience due to a technical issue on the side of the Supplier;
v) some of the information you provided to us was invalid or missing and therefore it was not possible to finish the booking with the Supplier.

7.2. Termination by You

7.2.1. Notification. You have the right to terminate this Agreement at any time by notifying us as outlined in Section 7.3.

7.2.2. Termination of the Agreement Prior to Experience Commencement. If you choose to terminate this Agreement before the commencement of a purchased Experience, please note that the Services provided under these Terms will no longer be available to you. However, you retain the right to participate in the Experience based on the information and communication provided by the Supplier, as your Experience Agreement with the Supplier remains in effect. Should you decide to reinstate your Agreement with Saily, you may do so by following the procedures outlined in Section 2.2.

7.2.3. Termination Due to Actions Attributable to Saily and/or the Supplier. If you wish to terminate this Agreement and the related Experience Agreement before the commencement of a purchased Experience due to a material change in the conditions of the Experience, or if the Experience becomes impossible to utilize due to reasons attributable to Saily and/or the Supplier, you may be entitled to a full or partial refund of the Experience price. Each case will be assessed individually, and the eligibility for any refund will depend on the specific circumstances. The evaluation and processing of your refund request may take up to five (5) business days.

7.2.4. Termination Due to Personal Reasons. If you choose to terminate this Agreement and Experience Agreement before the commencement of a purchased Experience for reasons unrelated to Saily or the Supplier, your eligibility for a refund will be subject to the applicable Experience cancellation policy. In such cases, termination may not entitle you to a refund or any payment.

7.3. Termination Process

To initiate termination, please email us at [email protected] from the email address associated with your Account. The termination process will begin after we verify your Account.

8. Indemnification

8.1. Indemnity Obligation

You agree to indemnify, defend, and hold harmless Saily, its agents, partners, and affiliates from and against any and all damages, losses, costs, expenses, and liabilities (including reasonable legal fees) arising from:

8.1.1. Your intentional or negligent misrepresentation, action, or omission in connection with your use of the Services;

8.1.2. Your intentional or negligent failure to comply with these Terms; or

8.1.3. Claims brought by third parties related to or arising from your access to or use of the Services in a manner that intentionally or negligently violates these Terms.

9. Liability

9.1. Warranty Disclaimer

To the fullest extent permitted by applicable law, and except as expressly set forth herein, Saily makes no representations or warranties, express or implied, statutory or otherwise, regarding the Experiences and any services or functionalities provided through the Services. This includes any implied warranties of merchantability or fitness for a particular purpose, as well as any implied warranties arising from the course of dealing, performance, or usage of trade. The Services and related parts as Channels, Platform, etc. is provided “as is,” without warranty of any kind, either express or implied. Saily does not warrant that (i) the Platform, Channels and other parts of the Services will meet your requirements or that its performance will be uninterrupted, virus-free, secure, or error-free, or (ii) the content on the Platform will be complete, accurate, or free from technical defects or unauthorized changes by third parties. Saily is not responsible for the accuracy or completeness of Supplier-provided data.

9.2. Experiences-Related Liabilities

9.2.1. Injury Incidents

You acknowledge and understand that the Experiences are provided by independent Suppliers, not by Saily. Suppliers are independent third-party entities and not under Saily's control. In the event of an injury, death, or any loss sustained by you or a co-traveller during or in connection with an Experience (“Injury Incident”), you agree to seek compensation directly from the Supplier providing the Experience, not from Saily or its affiliates, subsidiaries, or their respective officers, directors, employees, or agents ("Saily Parties").

9.2.2. Release

You, on behalf of yourself and any co-travellers, hereby release the Saily Parties from any and all claims, demands, causes of action, obligations, damages, liabilities, costs, and expenses (including, but not limited to, attorney’s fees), whether known, suspected, or claimed, arising out of or in connection with any Injury Incident. This release applies to claims you have now, or may have in the future.

9.2.3. Unknown Claims

You acknowledge and agree that under California Civil Code section 1542 (or similar statutes in other jurisdictions), a general release does not extend to claims that the releasing party does not know or suspect to exist at the time of executing the release, which, if known, would have materially affected their settlement. You expressly waive any rights under section 1542 and acknowledge this waiver as a material term of these Terms.

9.2.4. Covenant Not to Sue

You agree never to bring, or permit to be brought, any legal action (including arbitration) against any Saily Party in connection with an Injury Incident. If any such action is commenced, these Terms will serve as a complete defense.

9.2.5. Third-Party Beneficiaries

The Saily Parties are expressly named as third-party beneficiaries of this section and have the right to enforce its terms.

9.3. Liability Limitations

9.3.1. Waivers

To the fullest extent permitted by applicable law, Saily will not be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages, including but not limited to loss of data, lost profits, or the costs of procuring substitute goods or services, regardless of the theory of liability (whether in contract, tort, negligence, or strict liability). This applies even if Saily was advised of the possibility of such damages, and even if a remedy’s essential purpose fails.

9.3.2. Maximum Liability

To the fullest extent permitted by law, if Saily is found liable for any loss or damage arising from or related to these Terms (including your use of Saily’s services, your participation or non-participation in an Experience, or an Injury Incident), Saily’s liability shall not exceed, in the aggregate, the greater of (a) the sum paid to Saily for the booking giving rise to the claim, or (b) one hundred dollars (US $100.00).

9.3.3. Allocation of Risk

Both parties acknowledge and agree that the liability provisions set forth in this section represent a reasonable allocation of risk. Saily would not have entered into this Agreement without these provisions. In no event shall Saily be liable for any acts or omissions of any Supplier.

10. Third-Party Components

10.1. Hyperlinks to Third-Party Sites

The Channels may contain hyperlinks to websites operated by parties other than Saily (“Third-Party Sites”). These hyperlinks are provided solely for your reference and convenience. The presence of such links does not imply any endorsement by Saily of the content or material on the Third-Party Sites, nor does it signify any association with the operators of those sites.

10.2. No Control or Responsibility for Third-Party Sites

Saily does not control and is not responsible for the content, accuracy, or availability of any Third-Party Sites, nor for the privacy practices or other actions of the parties who own or operate those sites.

10.3. Responsibility for Viruses

It is your responsibility to ensure that any hyperlinks you select or software you download, whether from the Channels or from Third-Party Sites (including Software), are free of viruses or other harmful components. Saily is not liable for any damages resulting from downloading or interacting with such content.

10.4. Linking Your Profile to Third-Party Sites

In certain cases, you may be prompted on a Third-Party Site to link your Saily profile to a profile on that Third-Party Site. Such linking is entirely optional. If you choose to link your profiles and later wish to disconnect them, you should contact the operator of the Third-Party Site directly.

11. Governing Law and Dispute Resolution

11.1. Jurisdiction

These Terms shall be governed by, and construed in accordance with, the laws of the state of Delaware, without reference to its choice of law rules. However, some countries (including those in the European Union) have laws that require contracts to be governed by the mandatory provisions of local laws in the consumer’s country. In such cases, the mandatory provisions of the local laws of your country of residence shall apply.

11.2. Judicial Resolution of Disputes

Before filing a claim against Saily, we encourage you to try to resolve the dispute informally by sending us a written notice of dispute to [email protected], including your name, a detailed description of the dispute, and the relief you are seeking. We will attempt to resolve the dispute informally by contacting you via email. If the dispute remains unresolved, either you or Saily may bring a formal proceeding. You and Saily agree that any judicial proceedings related to these Terms shall be brought in the courts of the State of Delaware. However, if you reside in a country (including countries within the European Union) where local laws provide consumers the right to bring disputes in local courts, then the mandatory provisions of the local laws of your country of residence will apply. We always strive to address your concerns without the need for formal legal proceedings.

12. MISCELLANEOUS

12.1. Severability

If any provision of these Terms is determined to be invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it enforceable, reflecting the parties' intent as closely as possible.

12.2. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the prior written consent of Saily. Saily may assign, transfer, or sublicense these Terms, in whole or in part, without restriction.

12.3. Non-Waiver

Failure by Saily to enforce any provision of these Terms shall not be construed as a waiver of any right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Saily.

12.4. No Agency or Partnership

You acknowledge and agree that these Terms and your use of the Services do not create a joint venture, agency, partnership, or employment relationship between you and Saily or any of the Saily Parties.

12.5. Export & Sanctions Compliance

Saily may be subject to the United States (U.S.), United Kingdom, and European Union export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce.

You warrant that you are (i) not located in any country to which the U.S., the European Union, the United Kingdom or other relevant jurisdiction has embargoed goods or has otherwise applied any economic sanctions, which would forbid or limit the use, import, export, sale of, or payment for the Services; and (ii) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in relevant jurisdictions or otherwise listed on any list of prohibited or restricted parties as administered by the Office of Foreign Asset Control of the U.S. Department of the Treasury (“OFAC”), the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury of the United Kingdom, or other relevant sanctions authority (“Sanctions Authorities”).

You agree to comply with all applicable export and re-export control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC as it may be applicable to you. Specifically, you agree not to - directly or indirectly - use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any Saily Services, including products, software, or technology (notwithstanding products derived from or based on such technology) received from under these Terms to any destination, entity, or person or for any end-use prohibited by the applicable export control laws, trade and economic sanctions maintained by Sanctions Authorities or any applicable laws or regulations without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.

12.6. Prevailing Language

For all purposes, the English language version of these Terms shall be the original, governing instrument and understanding between you and us. In the event of any conflict between this English language version and any translated version, the English version shall govern and control.

12.7. Force Majeure

Saily shall not be held liable for any delay or failure to perform any obligations under these Terms if such delay or failure results from unforeseen circumstances, events, or causes beyond Saily’s reasonable control (including, without limitation, failures of third-party software, telecommunications or internet service providers, natural disasters, labor disputes, and acts of government authorities). In such cases, Saily shall be entitled to a reasonable extension of the time for performing any such obligations under these Terms.

12.8. No Reliance

The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

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