1. Acceptance of these terms

These Terms of Service ("Terms") form a binding agreement between Internovations, LLC ("Internovations," "we," "us," or "our") and the organization or individual that uses the Traveler Inquiry Polling Service ("TIPS" or the "Service"). By creating an account, subscribing, or otherwise using the Service, you agree to these Terms. 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 that organization.

If you do not agree to these Terms, do not use the Service.

2. The service

TIPS is a research platform that lets organizational customers (each, a "Client") build surveys and collect travel and route preferences from targeted demographics. The Service is provided to transportation agencies, municipalities, and businesses that develop transportation services, and is not designed as a consumer product for the general public.

3. Eligibility

To use the Service as a Client, you must be at least 18 years of age, capable of forming a binding contract, and not barred from receiving the Service under the laws of any applicable jurisdiction. You may not use the Service if you are a direct competitor of Internovations except with our prior written consent.

4. Accounts and security

To use most features of the Service, a Client must create an account. Each account is owned by a single Client and may have one or more Client Users associated with it. You agree to:

  • Provide accurate, current, and complete information.
  • Keep your account information up to date.
  • Maintain the security of your sign-in email and any trusted-device sessions you authorize.
  • Notify us promptly if you suspect unauthorized use of your account.

Only Client Users with the "owner" role may add, edit, or remove other Client Users on an account. You are responsible for the actions of every Client User on your account.

5. Subscriptions, billing, and cancellation

Paid subscriptions to TIPS are billed on the recurring schedule shown on the pricing page for the plan you select (typically monthly). By subscribing, you authorize us to charge the payment method on file for the recurring fee — plus any applicable usage-based overage charges your plan permits — until you cancel. Fees are non-refundable except as required by law. We may change subscription pricing on prospective renewal terms with reasonable notice; continued use after a price change constitutes acceptance of the new pricing.

If a payment fails, our payment processor will automatically retry the charge on its standard schedule. While those retries are pending, the Client Portal remains accessible but displays a notice that payment needs attention. If the processor's retries are exhausted without a successful charge, the subscription is suspended and the Client Portal is restricted to the billing screen until payment is restored or the account is canceled (see Section 16).

You may cancel a subscription at any time from the Client Portal. Cancellation takes effect at the end of the then-current billing period; you are not entitled to a refund for the remaining portion of that period. After cancellation, your data is retained for the period described in Section 17 and then deleted.

Applicable taxes are your responsibility unless we are required by law to collect and remit them.

6. Free trial

We may offer a free trial to new Clients. The trial length and the limits that apply during the trial (such as the maximum number of surveys, mailing-list members, and Traveler Profiles) are described on the pricing page. No payment card is required to start a trial.

When the trial ends without a paid subscription, the Client Portal is restricted to the billing screen so the Client may select a paid plan. Trial data is preserved while the account is in this state so the Client can subscribe and resume; we may delete the data of trial accounts that do not convert, without notice.

7. Client content and responsibilities

"Client Content" means everything a Client uploads, enters, or otherwise provides to the Service, including surveys, mailing lists, logos, privacy and policy statements shown to Travelers, email and survey boilerplate copy, sender names and addresses, map boundaries, and survey response data attributable to the Client.

As a Client, you represent and warrant that:

  • You have all rights, consents, and permissions necessary to upload Client Content and to instruct us to email the recipients on your mailing lists.
  • Your collection and use of Traveler information complies with all applicable laws, including (without limitation) anti-spam laws such as CAN-SPAM in the United States and CASL in Canada, and privacy laws applicable to you and your Travelers.
  • Your privacy and policy statements presented to Travelers accurately describe your data practices.
  • Client Content does not infringe the rights of any third party and is not unlawful, deceptive, defamatory, or otherwise prohibited under these Terms.

You retain ownership of your Client Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process Client Content solely as necessary to provide and improve the Service and to comply with law.

8. Travelers

"Travelers" are individuals who receive a Survey Invitation from a Client or who reach a survey by scanning a QR code that links to TIPS. Travelers are not parties to a paid subscription, but their use of the Service is also subject to these Terms. Travelers may:

  • Decline to take a survey at any time and close the browser tab.
  • Use the unsubscribe link in any Survey Invitation email to opt out of further Survey Invitations from the Client that sent it. Opt-outs are honored by that Client's mailing list. Transactional emails (such as survey verification or thank-you messages) are not subject to opt-out.
  • Contact the Client that invited them with questions about how their information is being used. Travelers should contact the Client directly for requests related to data the Client controls.

9. Acceptable use

You agree not to, and not to allow anyone to:

  • Use the Service to send unsolicited bulk email, spam, or communications that violate applicable anti-spam laws.
  • Upload or send content that is unlawful, harassing, threatening, defamatory, obscene, or otherwise objectionable.
  • Probe, scan, or test the vulnerability of the Service, or attempt to circumvent any security or rate-limiting feature.
  • Reverse engineer, decompile, or otherwise attempt to derive the source code of the Service, except to the extent that applicable law expressly permits.
  • Use the Service to build a competing product or to benchmark against a competing product without our prior written consent.
  • Resell, sublicense, or otherwise make the Service available to third parties outside your organization, except as expressly permitted under your plan.
  • Use the Service in any manner that interferes with or disrupts the Service or its underlying infrastructure.

10. Intellectual property

The Service, including the TIPS software, designs, trademarks, and documentation, is owned by Internovations and its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the term of your subscription.

We may provide aggregated or de-identified analytics derived from use of the Service. Such aggregated or de-identified information does not identify any Client, Client User, or Traveler and is owned by Internovations.

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

11. Privacy

Our handling of information is described in our Privacy Statement, which is incorporated by reference into these Terms. For data that a Client uploads or generates through the Service, the Client is the data controller and Internovations processes the data on the Client's behalf.

12. Confidentiality

Each party may disclose non-public business or technical information to the other in connection with the Service. "Confidential Information" includes information that is marked as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. Each party agrees to use the other's Confidential Information only as necessary to exercise its rights and perform its obligations under these Terms, and to protect it with at least the same degree of care it uses for its own confidential information of similar importance (and no less than reasonable care).

13. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF SURVEY RESPONSES OR ANALYSIS DERIVED FROM THEM; DECISIONS YOU MAKE BASED ON THEM ARE YOUR RESPONSIBILITY.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL INTERNOVATIONS OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Indemnification

You agree to defend, indemnify, and hold harmless Internovations, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your or any Client User's use of the Service; (b) Client Content, including any claim that Client Content infringes or violates a third party's rights or applicable law; (c) any mailing list you upload or any communication sent through the Service; or (d) your breach of these Terms.

16. Term, suspension, and termination

These Terms begin when you first accept them and continue until terminated. You may terminate at any time by cancelling your subscription. We may suspend or terminate your access to the Service, in whole or in part, if:

  • You materially breach these Terms and fail to cure the breach within a reasonable period after notice (where cure is feasible).
  • Your payment method is repeatedly declined and our payment processor's automatic retry schedule is exhausted, leaving your subscription unpaid.
  • We reasonably believe continued use poses a security, legal, or operational risk to us, our other customers, or Travelers.
  • Required by law or by a binding order of a competent authority.

Suspension for non-payment restricts the Client Portal to the billing screen so payment can be restored; the underlying Client Content is preserved during the post-cancellation retention window (see Section 17).

Sections that by their nature should survive termination — including ownership, confidentiality, disclaimers, limitation of liability, indemnification, and governing law — will survive.

17. Your data after cancellation

After cancellation (or after non-payment suspension that is not cured), Client Content is retained for a post-cancellation retention period associated with your subscription tier — typically between one and two months, depending on plan — so that you may export your data before it is deleted. The exact period for your plan is shown on the pricing page and surfaced in the Client Portal.

At the end of that period, an automated process permanently deletes your surveys, survey responses, Survey Invitations, mailing lists, Traveler Profiles, map boundaries, Client Users, uploaded content (such as your logo), and the Client account record itself. Once this deletion runs, the data cannot be recovered. We may retain limited billing, audit, and security records for the periods required by law.

18. Changes to the service and these terms

We may modify the Service from time to time, including by adding, changing, or removing features. We may also modify these Terms; when we do, we will update the effective date at the top of the page and, for material changes, provide reasonable advance notice — for example, by posting a notice on travelerips.com or, where appropriate, by emailing Clients. Your continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms. If you do not agree to a change, your remedy is to stop using the Service and cancel your subscription.

19. Governing law and disputes

These Terms are governed by the laws of the State of Nevada, without regard to its conflict of laws principles. Each party submits to the exclusive jurisdiction of the state and federal courts located in Douglas County, Nevada for any dispute arising out of or relating to these Terms or the Service, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information.

20. Miscellaneous

Entire agreement. These Terms, together with the Privacy Statement and any order form or written agreement we execute with you, are the entire agreement between you and us regarding the Service and supersede any prior agreements.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

Severability. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Notices. Notices to you may be sent to the email on file for your account. Notices to us must be sent using the contact information below.

Force majeure. Neither party is liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, labor disputes, internet or telecommunications outages, or actions of governmental authorities.

Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between them.

21. Contact

Questions about these Terms can be sent to:

Internovations, LLC
Attn: Legal
PO Box 865
Minden, NV 89423
USA
Email: legal@travelerips.com
Or use our contact form.