Terms of Service

1. Acceptance of these Terms

By creating an account, downloading the app, or otherwise accessing the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. Acceptance is recorded when you check the “I agree to the Terms of Service and Privacy Policy” box during account creation, or when you continue to use the Service after these Terms are presented to you in-app. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, in which case “you” refers to both you and the organization.

If you do not agree, do not use the Service.

2. The Service

Oxygen is a collaborative travel-planning tool that lets you build trips, organize flights and accommodations, share itineraries with travel companions, and forward booking emails or upload PDF confirmations for AI-powered parsing into structured trip data. We may change or improve features over time; we will use reasonable efforts to give you advance notice of material changes that reduce functionality you rely on.

3. Eligibility

You must be at least 13 years old to use the Service. If you live in the European Economic Area, the United Kingdom, or Switzerland, you must be at least 16 years old. If you are between the applicable minimum age and the age of majority in your jurisdiction, you may use the Service only with the involvement of a parent or guardian who agrees to these Terms on your behalf. By using the Service, you represent that you meet the applicable age requirement and that you are not barred from using the Service under applicable law.

4. Your account

• You must provide accurate and complete information when you sign up and keep it up to date.
• Each account is for one person. Don’t share login credentials. You are responsible for everything that happens under your account.
• Account authentication is delegated to Clerk. Use a strong, unique password and, where available, enable multi-factor authentication.
• Notify us at legal@oxygentrips.com immediately if you suspect unauthorized access.

5. Subscriptions, billing, and refunds

5.1 Free and paid plans

Oxygen offers a free tier and one or more paid tiers. Paid features and prices are described on our pricing page or inside the app at the time of purchase.

5.2 Auto-renewal — California residents please read

For annual subscriptions, we will send you a renewal-reminder email at least 15 days before each renewal so you have a clear opportunity to cancel. We will not change a renewal price without giving you at least 30 days’ notice (see §5.5).

5.3 Payment processing

Payments are processed by Stripe and are subject to Stripe’s terms in addition to ours. We do not store your full card details. You authorize us (through Stripe) to charge the payment method you provide for the fees you owe.

5.4 Lifetime and promotional codes

If you redeem a one-time, lifetime, or promotional code, the access it grants is non-transferable, has no cash value, and is subject to the specific terms accompanying the code. We reserve the right to invalidate codes that were obtained fraudulently, in error, or in excess of any limits attached to the promotion.

5.5 Price changes

We may change prices on a going-forward basis. We will give you at least 30 days’ notice before a price change applies to your subscription. If you don’t accept, you may cancel before the new price takes effect.

5.6 Refunds

Except where required by applicable law, all fees are non-refundable and we do not provide refunds or credits for partial subscription periods, downgrades, or unused features.

EEA, UK, and Swiss consumers may cancel a subscription within 14 days of purchase for any reason and receive a full refund. To exercise this right, email legal@oxygentrips.com. Nothing in this section limits any other non-waivable consumer-protection rights you may have.

5.7 Taxes

Fees do not include any taxes, levies, or duties imposed by taxing authorities. You are responsible for those, except for taxes based on Oxygen’s net income.

5.8 Trip-level upgrades

Trip-level upgrades attached to a specific trip are non-refundable, non-transferable, and lapse if the trip is deleted.

6. Acceptable use

When using the Service, you agree not to:

• break the law, infringe anyone’s rights, or use the Service to facilitate illegal activity;
• upload or share content that is unlawful, harassing, defamatory, sexually exploitative, hateful, or that you do not have the rights to share;
• attempt to gain unauthorized access to any account, system, or data, including by probing, scanning, or testing security without our written permission;
• reverse engineer, decompile, or otherwise attempt to extract the source code of the Service, except to the extent applicable law expressly permits;
• scrape, crawl, or use automated means to extract data from the Service in a way that places an unreasonable load on our infrastructure;
• resell, sublicense, or commercially redistribute the Service without our prior written consent;
• use the Service to send spam, phishing, or any unsolicited communications;
• interfere with the integrity, performance, or security of the Service, including by introducing malware or denial-of-service traffic;
• misrepresent your identity or impersonate another person or entity;
• use the Service to copy, replicate, or benchmark the Service for the purpose of building a substantially similar competing product.

7. Your content and shared trips

7.1 Ownership

You keep all rights in the content you upload, create, or import into Oxygen, including trip details, files, notes, comments, and forwarded email content (“Your Content”).

7.2 License you grant us

You grant Oxygen a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (e.g., convert formats, parse), transmit, and display Your Content solely to provide and secure the Service for you and the people you share with. We do not use Your Content for advertising, to train AI models, or for product analytics that personally identify you. Aggregate, de-identified usage analytics may be used to understand product usage in the abstract.

7.3 Sharing trips and bearer-URL warnings

When you invite collaborators, send a share link, or set a trip to public or password-protected mode, the people you grant access to can view (and, depending on the permission level you assign — read, edit, or admin — modify) the trip.

7.4 Forwarded-content warranty

When you forward an email to trips@oxygentrips.com or upload a PDF, you represent and warrant that (a) you are entitled to share the content with Oxygen, (b) sharing it does not violate any contract, law, or third party’s rights, and (c) any personal information about other people contained in the content may be processed by Oxygen and our sub-processors (including Google’s Gemini API) for the purpose of generating an itinerary. You agree to indemnify Oxygen for claims arising from your forwarding or upload (subject to the consumer carve-out in §15).

7.5 Responsibility for content

You are solely responsible for Your Content and the consequences of sharing it. Oxygen does not pre-screen content but may, at its discretion and as permitted by law, remove content or suspend access if we receive a credible report of a violation of these Terms or applicable law.

8. Travel-information accuracy disclaimer

9. Intellectual property

The Service, including its software, design, graphics, logos, text, and the “Oxygen” name, is owned by Oxygen Trips Inc. or its licensors and is protected by copyright, trademark, and other intellectual-property laws. We grant you a limited, revocable, non-transferable, non-exclusive license to use the Service for its intended purpose and in accordance with these Terms. All rights not expressly granted are reserved.

If you provide us with feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

10. DMCA notices

We respect copyright and respond to clear notices of alleged infringement under the U.S. Digital Millennium Copyright Act (DMCA). If you believe content on the Service infringes your copyright, send a written notice to our designated agent that includes:

• your physical or electronic signature;
• identification of the copyrighted work claimed to be infringed;
• identification of the allegedly infringing material and information sufficient for us to locate it (e.g., a URL or trip identifier);
• your contact information (address, phone, email);
• a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law;
• a statement, made under penalty of perjury, that the information in your notice is accurate and you are the owner or authorized to act for the owner.

If we remove material in response to a notice, we will notify the user who posted it, and they may submit a counter-notice under 17 U.S.C. § 512(g). Repeat infringers’ accounts will be terminated.

11. Service availability and updates

We aim for high availability but do not guarantee uninterrupted access. The Service may be unavailable for scheduled maintenance, outages of upstream providers, or other reasons outside our reasonable control. We do not offer a service-level agreement (SLA) on the free tier; for paid tiers, our commitment is to use commercially reasonable efforts to keep the Service available.

We may require you to install a software update before continuing to use the mobile or web app where backwards-incompatible changes ship. We will provide reasonable notice in-app before such an update becomes mandatory.

12. Termination

You may close your account any time from inside the app. We will cascade-delete your data as described in our Privacy Policy.

We may suspend or terminate your access at any time, with or without notice, if (a) you breach these Terms; (b) we are required by law; (c) we reasonably believe your continued use creates risk to Oxygen, other users, or third parties; or (d) we discontinue the Service or a material part of it. We will use reasonable efforts to give advance notice for terminations not based on a serious breach.

Sections that by their nature should survive termination — including §§5.6 (refunds), 5.7 (taxes), 5.8 (trip-level upgrades), 7.1 (ownership), 7.4 (forwarded-content warranty), 8 (travel disclaimer), 9 (IP), 13 (disclaimers), 14 (liability), 15 (indemnification), 16 (disputes), 17 (governing law and export), and 18 (miscellaneous) — will survive.

13. Disclaimers

Except as expressly stated in these Terms and to the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis without warranties of any kind. Oxygen disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising out of course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses.

Some jurisdictions do not allow the exclusion of certain implied warranties; in those jurisdictions, the exclusions in this section apply only to the extent permitted by law.

14. Limitation of liability

To the maximum extent permitted by law, Oxygen and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with the Service or these Terms, whether based in contract, tort, statute, or any other legal theory, even if Oxygen has been advised of the possibility of such damages.

Oxygen’s total aggregate liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of (a) one hundred US dollars ($100), or (b) the total fees you paid Oxygen in the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions do not allow limitations on certain damages; in those jurisdictions, the limitations in this section apply only to the extent permitted by law. Nothing in these Terms limits our liability for fraud, gross negligence, willful misconduct, death or personal injury caused by our negligence, or any other liability that cannot be limited under applicable law.

15. Indemnification

You agree to defend, indemnify, and hold harmless Oxygen and its officers, directors, employees, and agents from and against any third-party claim, demand, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or related to (a) Your Content; (b) your use of the Service in breach of these Terms or applicable law; (c) your violation of any third party’s rights, including privacy, publicity, or intellectual-property rights; or (d) any content you forward to trips@oxygentrips.com or upload as a PDF. We will promptly notify you of any claim subject to indemnification; Oxygen will control the defense and settlement of the claim, but you bear the cost, and we will not settle any claim that imposes obligations on you without your reasonable consent. We will reasonably cooperate with you, and you may participate at your own expense.

Consumer carve-out. This indemnification does not apply to consumers using the Service for personal, non-commercial purposes to the extent prohibited by applicable consumer-protection law (including in the EEA, the UK, and Quebec).

16. Dispute resolution and arbitration

16.1 Informal resolution first

Before filing a formal dispute, you agree to contact us at legal@oxygentrips.com with a written description of the issue and your preferred resolution. We will work in good faith to resolve it within 60 days. Most disputes can be settled this way.

16.2 Binding arbitration

If informal resolution fails, you and Oxygen agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service through final and binding arbitration administered by JAMS or, at your option, the American Arbitration Association (AAA), under their respective consumer arbitration rules in effect at the time of filing. The arbitration will be conducted by a single arbitrator, in English, in Denver, Colorado (or by video conference at your request).

Filing and administrative fees. Oxygen will pay all JAMS or AAA filing and administrative fees that exceed the consumer’s small-claims-court filing fee in your home jurisdiction, except that you remain responsible for any portion of fees the arbitrator finds were caused by your bad-faith filing.

16.3 Class-action waiver

You and Oxygen agree that any claim will be brought solely in your or Oxygen’s individual capacity, and not as a plaintiff or class member in any purported class, consolidated, representative, or private-attorney-general proceeding. The arbitrator may not consolidate more than one party’s claims and may not preside over any form of representative or class proceeding.

Non-severability. If the class-action waiver in this §16.3 is found unenforceable as to any particular claim, the remainder of §16 (including the agreement to arbitrate) is also void as to that claim and the parties will proceed in court.

16.4 Carve-outs

Either party may bring an individual claim in small-claims court if it qualifies. Either party may also seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property rights or to prevent unauthorized access to the Service.

Public injunctive relief (California). Notwithstanding anything else in §16, claims for public injunctive relief under California law may be brought in a California court of competent jurisdiction. This exception preserves the enforceability of the rest of §16 in California.

16.5 Consumer-law carve-outs

Nothing in §16 limits any non-waivable consumer-protection right you have under the law of your country of residence. If you are a consumer in the EEA, the UK, or Switzerland, you may bring claims in the courts of your country of residence and the laws of your country of residence will apply to the extent they grant you mandatory protection. Quebec consumers are not bound by §16.2 (binding arbitration) or §16.3 (class-action waiver); claims may be brought in Quebec courts and on a class basis where permitted by the Quebec Consumer Protection Act.

16.6 Your right to opt out of arbitration

16.7 Federal Arbitration Act

The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this §16.

17. Governing law and export

These Terms are governed by the laws of the State of Colorado, USA, without regard to its conflict-of-laws principles. Subject to §16, the state and federal courts located in Denver County, Colorado have exclusive jurisdiction over any dispute that is not subject to arbitration. Nothing in this section overrides §16.5.

Export and sanctions. You represent that you are not located in, and are not a national of, any country subject to U.S. embargo (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, or Luhansk regions), and that you are not on the U.S. Treasury Office of Foreign Assets Control (OFAC) Specially Designated Nationals List, the U.S. Commerce Department Denied Persons List, or any equivalent restricted-party list. You will not use the Service in violation of any U.S. or other applicable export-control or sanctions law.

18. Miscellaneous

• Entire agreement. These Terms and the Privacy Policy are the complete agreement between you and Oxygen and supersede any prior agreements on the same subject.
• Severability and reformation. If any provision of these Terms is unenforceable, a court or arbitrator may reform that provision to the minimum extent necessary to make it enforceable; the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce a right is not a waiver of that right.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them without restriction, including in connection with a merger, acquisition, or sale of assets.
• Notices. We may give notices by email to the address on your account or by posting in the Service; an electronic notice is deemed received 24 hours after sending unless we receive a bounce. You give notices to us by email to legal@oxygentrips.com.
• Force majeure. Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, pandemics, war, civil unrest, labor disputes, cyberattacks, governmental orders, or major outages of upstream providers. The affected party will use reasonable efforts to notify the other and to mitigate the impact.
• No agency. No partnership, joint venture, employment, or agency relationship is created by these Terms.
• No third-party beneficiaries. These Terms do not confer any rights on any person or entity other than you and Oxygen.

19. Changes to these Terms

We may update these Terms from time to time. A “material change” is one that meaningfully reduces your rights or expands your obligations under these Terms (for example, a new fee, a narrower refund right, or a change to §16). When we make a material change, we will post the new version, update the “Last updated” date, and notify active users by email at least 30 days before the change takes effect. Material changes to §16 (arbitration) will give you a fresh 30-day opt-out window. Your continued use of the Service after the effective date of an update means you accept the updated Terms; if you do not accept, you must stop using the Service.

20. Contact