VacayNest — vacaynest.co
Effective Date: May 21, 2025
Operated by Joshu.AI LLC d/b/a Livarya
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Joshu.AI LLC d/b/a Livarya (“Company,” “we,” “us,” or “our”) governing your access to and use of the VacayNest platform at vacaynest.co (the “Service”). By creating an account or using the Service, you agree to these Terms in full. If you do not agree, do not use the Service.
You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into these Terms. If you are using the Service on behalf of a household or family group, you represent that you have the authority to bind those individuals to these Terms for purposes of the trip planning features.
To access core features, you must create an account. You agree to:
We reserve the right to terminate or suspend accounts that violate these Terms or that we determine, in our sole discretion, to be harmful to the Service or other users.
VacayNest is an AI-powered family vacation planning platform that helps households discover, plan, and organize trips using artificial intelligence. Features include household profile management, AI-generated trip recommendations, budget analysis, PTO optimization suggestions, and related planning tools.
The Service uses AI to generate trip recommendations, itineraries, budget analyses, and related content. You acknowledge and agree that:
The Household Profile feature allows you to enter health-related information to improve trip recommendations. This feature is a planning aid only. VacayNest does not provide medical advice. Any health or medical considerations entered into your profile are used solely to generate more relevant AI suggestions. Always consult qualified medical professionals before traveling with individuals who have significant health conditions.
You agree not to:
The Service, including its design, code, content, logos, and trademarks (including the VacayNest name and mark), is owned by Joshu.AI LLC d/b/a Livarya and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Service for your personal, non-commercial trip planning purposes.
You retain ownership of the content you submit, including household profile data and trip notes. By submitting content, you grant us a limited license to use that content solely to operate and improve the Service.
Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference.
The Service integrates with third-party providers including Anthropic (AI processing), Supabase (data infrastructure), Vercel (hosting), Brevo (email), and Google (authentication). Your use of those services is subject to their respective terms and policies. We are not responsible for the practices of any third-party providers.
Certain features of the Service may require payment in the future. We will provide advance notice before charging for any features currently available for free. All fees will be clearly disclosed prior to purchase. Refund terms will be provided at the time payment features are introduced.
The Service is 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, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components. We do not warrant the accuracy, completeness, or usefulness of any AI-generated content.
To the maximum extent permitted by applicable law, Joshu.AI LLC d/b/a Livarya and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service, including but not limited to lost profits, lost data, travel losses, medical incidents, or personal injury, even if we have been advised of the possibility of such damages. Our total liability to you for all claims shall not exceed the greater of $100 or the amount you paid to us in the twelve months preceding the claim.
You agree to indemnify, defend, and hold harmless Joshu.AI LLC d/b/a Livarya and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of another party.
You and Joshu.AI LLC d/b/a Livarya agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Dispute”) shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in a court of law. The arbitration will be conducted in Colorado, or remotely if the parties agree.
You and VacayNest 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, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding.
Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm. Claims involving intellectual property infringement may also be brought in court. Small claims court actions within applicable jurisdictional limits are exempt from this arbitration requirement.
You may opt out of this arbitration agreement within 30 days of first creating your account by sending written notice to legal@vacaynest.co with the subject line “Arbitration Opt-Out.” Opting out will not affect any other provision of these Terms.
These Terms are governed by the laws of the State of Colorado, without regard to its conflict of law provisions. Subject to the arbitration agreement above, any legal action shall be brought in the state or federal courts located in Colorado.
We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the Effective Date and, where appropriate, by email or in-app notice. Continued use of the Service after modified Terms are posted constitutes your acceptance.
We may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice. You may terminate your account at any time by contacting legal@vacaynest.co. Upon termination, provisions of these Terms that by their nature should survive will survive, including Sections 6, 10, 11, 12, 13, and 14.
These Terms, together with the Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and the Company regarding the Service and supersede any prior agreements.
For questions about these Terms:
Joshu.AI LLC d/b/a Livarya