Terms of Service

1. Introduction

Welcome to Attention Keeper ("Company", "we", "our", "us")! These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at attentionkeeper.com and our mobile application Attention Keeper (together or individually "Service") operated by Attention Keeper.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at support@attentionkeeper.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

2. User Eligibility & Age Restrictions

You must be at least 18 years of age, or the age of legal majority in your jurisdiction (whichever is greater), to use our Service. If you are under 18 but at least 13 years old, you may use our Service only with the supervision and consent of a parent or legal guardian who agrees to be bound by these Terms.

In compliance with the Children's Online Privacy Protection Act (COPPA) and GDPR, we do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not use or provide any information on this Service. If we learn that we have collected personal information from a child under 13, we will promptly delete that information.

For users in the European Union, if you are under the digital age of consent as defined by your country (which ranges from 13 to 16 years, depending on the country), you may only use this Service with parental or guardian approval.

By using our Service, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use the Service. We may also change our eligibility requirements at any time.

3. Travel Agent Authorization

If you are using the Service to book travel on behalf of someone else (such as a family member, friend, or client), you must have their explicit permission to provide their personal information and to make bookings on their behalf.

By providing someone else's personal information or making a booking for them, you represent and warrant that:

• You have obtained all necessary permissions to use their personal data for booking purposes
• You have authority to make decisions and enter into agreements on their behalf
• You have informed them of these Terms and our Privacy Policy
• You take full responsibility for the booking and any issues that may arise

If you act on behalf of another person without proper authorization, you agree to personally indemnify Attention Keeper against any losses, damages, or claims that may result.

4. User Responsibilities & Acceptable Use

When using our Service, you agree to:

• Provide accurate, current, and complete information during registration and while using the Service
• Maintain and promptly update your account information
• Keep your account credentials secure and not share them with others
• Take responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account or any other breach of security
• Ensure that you meet all travel requirements (valid passports, visas, health documents, etc.) for any bookings you make
• Verify all booking details before confirmation, as you are responsible for any errors
• Comply with all applicable laws and regulations while using the Service

You acknowledge that flight schedules, policies, and prices are set by airlines and subject to change. Attention Keeper is not responsible for airline schedule changes, cancellations, or other alterations to your booking made by the airline.

5. Prohibited Activities

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

• In any way that violates any applicable national or international law or regulation
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation
• To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity
• To engage in any fraudulent activity, including making false bookings or claims
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful
• To attempt to bypass any security measures or access data not intended for you
• To engage in any scraping, data mining, or data extraction activities not explicitly authorized by us
• To introduce viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful
• To interfere with or disrupt the Service or servers or networks connected to the Service
• To probe, scan, or test the vulnerability of the Service or any network connected to the Service

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the Service
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose
• Use any manual process to monitor or copy any of the material on the Service
• Use any device, software, or routine that interferes with the proper working of the Service
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack

6. Communications

By using our Service, you agree to receive communications from us, which may include:

• Service-related notifications and updates
• Administrative messages
• Booking confirmations and itinerary updates
• Support and customer service communications
• Marketing communications (if you have opted in)

These communications may be sent via email, in-app notifications, SMS, or other means. You acknowledge that these communications are part of your use of the Service and that you cannot opt out of receiving service-related and transactional messages.

For marketing communications, you can opt out at any time by:

• Using the unsubscribe link in our emails
• Updating your preferences in your account settings
• Contacting us at support@attentionkeeper.com

7. Purchases & Payments

Attention Keeper subscription payments are processed exclusively through Stripe. If you wish to purchase a subscription or add-on made available through the Service, you will be directed to provide payment information to Stripe. Attention Keeper does not store or directly handle your payment card data.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply is true, correct and complete.

Users may connect their own Stripe or PayPal accounts to the Service in order to charge their own clients for travel services. Attention Keeper does not process, handle, or take any fee from those transactions. You are solely responsible for your payment processing relationships with your clients and for complying with all applicable payment regulations.

The final price for flights and travel services is determined only when you complete your booking through your connected GDS or booking provider. Prices for flights and travel services are subject to change without notice until your booking is confirmed and paid for. Price fluctuations may occur due to airline policy changes, fare adjustments, taxes, or currency exchange rate variations.

We reserve the right to refuse or cancel your subscription if fraud or an unauthorized or illegal transaction is suspected.

8. Master Navigator Policy

9. Subscriptions

Some parts of Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. Subscriptions are offered in tiers, currently Starter, Captivate, Engage, and Thrive. The features, usage limits, and fees that apply to each tier are those published on our pricing page at the time you purchase or renew a Subscription, except for Thrive, which is offered at custom rates agreed in writing.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Attention Keeper cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Attention Keeper customer support team.

A valid payment method, including credit card or other approved payment method, is required to process the payment for your Subscription. You shall provide Attention Keeper with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Attention Keeper to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Attention Keeper will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

10. Free Trial

Attention Keeper may, at its sole discretion, offer a Subscription with a free trial ("Free Trial"). Unless we state otherwise in writing at the time you sign up, the Free Trial runs for seven (7) days from the date it begins.

You are not required to enter payment or credit card information in order to sign up for a Free Trial.

You will not be charged during the Free Trial, and no Subscription will begin automatically when it ends. To continue using paid features after the Free Trial, you must select a paid plan and provide a valid payment method. If you do not, your access to paid features will simply end when the Free Trial expires.

At any time and without notice, Attention Keeper reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

11. Fee Changes

Attention Keeper, in its sole discretion and at any time, may modify the Subscription fees for any tier, including Starter, Captivate, Engage, and Thrive. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Attention Keeper will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

12. Refunds

For flight bookings and travel services, refunds are subject to the policies of the applicable airline or service provider. We cannot guarantee refunds for any ticket or service, as these are governed by the airline's fare rules and restrictions.

Attention Keeper service fees (if applicable) are non-refundable except where required by law.

For subscription services, we may issue refunds at our discretion for the following cases:

• Technical issues that prevent access to our Service for an extended period
• Billing errors where you were charged incorrectly
• Special circumstances as determined by our customer service team

Refund requests must be submitted to support@attentionkeeper.com within 30 days of the charge.

For subscriptions cancelled mid-billing cycle, we do not provide prorated refunds for the unused portion of the billing period.

13. Intellectual Property & User Content

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Attention Keeper and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Attention Keeper.

When you provide content to the Service, such as reviews, feedback, or profile information ("User Content"), you grant Attention Keeper a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit such User Content for the purpose of operating, developing, providing, and promoting the Service.

You represent and warrant that:

• You own or have the necessary rights to use and authorize us to use the User Content
• The User Content does not violate or infringe upon the rights of any third party, including intellectual property rights, privacy rights, or publicity rights
• The User Content is not false, misleading, fraudulent, defamatory, obscene, pornographic, vulgar, offensive, threatening, abusive, or otherwise objectionable

We reserve the right to remove or modify any User Content at our sole discretion, particularly if we believe it violates these Terms.

14. Indemnification Clause

You agree to defend, indemnify, and hold harmless Attention Keeper, its parent company, affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your User Content caused damage to a third party
• Any inaccurate or incorrect information provided in connection with a travel booking
• Any booking you make on behalf of another person without proper authorization

This defense and indemnification obligation will survive the termination of these Terms and your use of the Service.

15. Disclaimers & Liability Limits

Attention Keeper and the Service function solely as an intermediary between you and travel service providers (like airlines, hotels, and car rental agencies). We are not responsible for the acts, errors, omissions, representations, warranties, breaches or negligence of these travel providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

The Service is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. Attention Keeper does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

To the maximum extent permitted by applicable law, in no event shall Attention Keeper or its officers, directors, employees, or agents be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from:

• Your use of, or inability to use, the Service
• Unauthorized access to or alteration of your data or transmissions
• Any travel service provider's actions, omissions, or policies
• Flight cancellations, delays, or changes made by airlines
• Any other matter relating to the Service

Our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to use our Service during the 12-month period prior to any cause of action arising.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations may not apply to you.

16. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

We may update the content on the Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

17. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Any disputes arising under or in connection with these Terms shall be resolved exclusively in the state or federal courts located in Kent County, Delaware, United States. You consent to the personal jurisdiction of such courts and waive any objection to the exercise of jurisdiction by such courts.

18. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through informal negotiation. You agree to contact us at support@attentionkeeper.com before initiating any formal dispute resolution process.

If informal negotiation fails to resolve the dispute within thirty (30) days, either party may initiate binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Kent County, Delaware, United States.

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and expenses of arbitration, and the fees of the arbitrator shall be shared equally unless the arbitrator determines otherwise.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

This agreement to arbitrate shall survive the termination of these Terms and your use of the Service.

19. Class Action Waiver

YOU AND ATTENTION KEEPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and Attention Keeper agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

If this specific provision is found to be unenforceable, then the entirety of the Dispute Resolution section shall be null and void, and the dispute shall be resolved by the state or federal courts located in Kent County, Delaware.

20. International Users

Attention Keeper is organized under the laws of the State of Delaware, United States, with its registered office in Dover, Delaware. The Service is operated from the United States and is hosted on servers located in the United States (US East, N. Virginia). If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with the laws that apply to you.

By using the Service, you consent to the transfer of your data to the United States as described in our Privacy Policy, including the applicable data protection safeguards for international transfers.

If you are a European Economic Area (EEA) resident, you have specific rights under the General Data Protection Regulation (GDPR), which are described in our Privacy Policy. Nothing in these Terms limits any rights you may have under the GDPR or other applicable data protection laws.

We make no representation that the Service is appropriate or available for use in all locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

21. Force Majeure

Attention Keeper shall not be liable for any failure or delay in performance due, in whole or in part, to any cause beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, or extreme weather conditions
• Epidemics or pandemics
• War, terrorism, riots, civil unrest, or government actions
• Labor disputes or shortages
• Communication, utility, or transportation failures or disruptions
• System failures, power outages, or other technical disruptions
• Cyberattacks or other malicious activities
• Acts or omissions of travel service providers

In the event of such a force majeure event, we will make reasonable efforts to notify you and to resume performance as soon as reasonably possible.

22. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

The invalidity or unenforceability of any particular provision of these Terms shall not affect any other provision hereof, and these Terms shall be construed in all respects as if such invalid or unenforceable provision had never been contained herein.

23. Assignment

You may not assign, transfer, or sublicense these Terms or any rights or obligations hereunder without Attention Keeper's prior written consent. Any attempted assignment in violation of this provision shall be null and void.

Attention Keeper may assign, transfer, or delegate any of its rights and obligations hereunder without your consent, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

24. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Termination of your account may result in the forfeiture and destruction of all information associated with your account, including any saved flight preferences or booking history. We reserve the right to maintain certain data as required by applicable law or for legitimate business purposes to the extent permitted by law.

25. Contact Us

Please send your feedback, comments, requests for technical support:

By email: support@attentionkeeper.com