1. Agreement to Terms
These Terms of Service ("Terms") govern your use of the Spirit of Traveling platform, website, mobile applications, and services (collectively, "Services") operated by Spirit of Traveling, a Spanish autonomous company.
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Services.
Important: These Terms include provisions that limit our liability and protect our intellectual property rights. Please read them carefully.
2. Service Description
Spirit of Traveling provides a travel planning platform that allows users to:
- Discover and explore travel destinations
- Plan and organize travel itineraries
- Access travel information and recommendations
- Share travel experiences and content
- Export travel plans and itineraries
Our Services are provided "as is" and we reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice.
3. User Accounts and Data Ownership
3.1 Account Creation
You may create an account to access additional features. When you create an account, you agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized use
- Be responsible for all activities under your account
3.2 Data Ownership and Rights
IMPORTANT: DATA OWNERSHIP CLAUSE
By using our Services, you acknowledge and agree that:
- All data, content, and information you provide, create, or generate through our Services becomes the property of Spirit of Traveling
- You grant us unlimited, perpetual, and irrevocable rights to use, modify, distribute, and commercialize your data
- You waive all moral rights and any claims to compensation for our use of your data
- We may collect, store, and analyze all your usage patterns, preferences, and interactions
- Your data may be used for any commercial or non-commercial purpose without additional consent
3.3 User-Generated Content
Any content you submit, upload, or create through our Services (including but not limited to reviews, photos, itineraries, comments, and feedback) is subject to the following:
- You represent that you have all necessary rights to the content
- You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content
- We may use your content for marketing, advertising, and promotional purposes
- We may remove or modify your content at our sole discretion
- You are solely responsible for the accuracy and legality of your content
4. Intellectual Property Rights
4.1 Our Rights
All rights, title, and interest in and to our Services, including but not limited to:
- Software, algorithms, and source code
- User interface designs and layouts
- Database structures and data models
- Brand names, logos, and trademarks
- Documentation and user guides
- All user data and content (as per Section 3.2)
All rights reserved. No part of our Services may be reproduced, distributed, or transmitted without our express written permission.
4.2 Prohibited Uses
You may not:
- Copy, modify, or create derivative works of our Services
- Reverse engineer, decompile, or disassemble our software
- Use our Services for any illegal or unauthorized purpose
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt our Services
- Use automated systems to access our Services without permission
- Resell or redistribute our Services or data
4.3 Third-Party Content and Attribution
Our Services may include content from third-party sources. We provide proper attribution as required:
- Wikipedia: Content used under Creative Commons Attribution-ShareAlike License
- Geonames: Geographic data used under Creative Commons Attribution 4.0 License
- OpenStreetMap: Map data used under Open Database License
- User Photos: Used with appropriate licenses and attribution
5. User Responsibilities and Prohibited Activities
5.1 Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You are responsible for:
- Complying with all applicable laws and regulations
- Respecting the rights of other users and third parties
- Maintaining the confidentiality of your account
- Providing accurate and truthful information
- Using our Services in a manner that does not harm our reputation or business
5.2 Prohibited Activities
You may not use our Services to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Transmit harmful, threatening, or offensive content
- Engage in fraudulent or deceptive practices
- Attempt to gain unauthorized access to our systems
- Interfere with the proper functioning of our Services
- Collect or harvest user information without permission
- Use our Services for commercial purposes without authorization
6. Privacy and Data Collection
Your privacy is important to us. Our collection and use of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
DATA COLLECTION NOTICE
By using our Services, you consent to our collection, storage, and use of:
- All data you provide or generate through our Services
- Usage patterns, preferences, and behavior analytics
- Device information and technical data
- Location data (if enabled)
- Communication data and support interactions
This data may be used for service improvement, personalization, marketing, and commercial purposes.
7. Service Availability and Modifications
We strive to provide reliable Services, but we cannot guarantee uninterrupted access. We reserve the right to:
- Modify, suspend, or discontinue any part of our Services
- Perform maintenance and updates that may temporarily affect availability
- Implement usage limits or restrictions
- Change our Services without prior notice
- Terminate accounts that violate these Terms
We are not liable for any loss or inconvenience resulting from service interruptions or modifications.
8. Limitation of Liability and Disclaimers
8.1 Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
- WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF INFORMATION
- WARRANTIES THAT DEFECTS WILL BE CORRECTED
8.2 Limitation of Liability
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPIRIT OF TRAVELING SHALL NOT BE LIABLE FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
- DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICES
- DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
- DAMAGES RESULTING FROM THIRD-PARTY CONDUCT OR CONTENT
- ANY OTHER LOSSES ARISING FROM OR RELATING TO OUR SERVICES
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR €100, WHICHEVER IS LESS.
8.3 Indemnification
You agree to indemnify, defend, and hold harmless Spirit of Traveling from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:
- Your use of our Services
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you submit or transmit through our Services
9. Termination
We may terminate or suspend your account and access to our Services immediately, without prior notice, for any reason, including:
- Violation of these Terms
- Fraudulent or illegal activity
- Abuse of our Services or other users
- Technical or security reasons
- At our sole discretion
Upon termination, your right to use our Services ceases immediately. We may delete your account and data at any time after termination.
You may terminate your account at any time by contacting us, but all data ownership provisions remain in effect.
10. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with Spanish law, without regard to conflict of law principles.
Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration in Spain, conducted in Spanish language.
You waive any right to participate in class action lawsuits or class-wide arbitration against us.
11. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes by email or through our Services.
Your continued use of our Services after changes constitutes acceptance of the modified Terms.
If you do not agree to the modified Terms, you must stop using our Services immediately.
12. Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.
We may replace any unenforceable provision with a valid provision that most closely approximates the intent of the original provision.
13. Contact Information
For questions about these Terms, contact us:
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
These Terms constitute the entire agreement between you and Spirit of Traveling regarding your use of our Services.