Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between the entity or individual subscribing to the Service (“Operator,” “Provider,” “you,” or “your”) and Freebo Software Solutions LLC (“Freebo,” “we,” “us,” or “our”), a Texas limited liability company, governing your access to and use of the Freebo booking and reservation management platform, including all related software, APIs, widgets, documentation, and services (collectively, the “Service”).

By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not access or use the Service.

2. Description of Service

Freebo provides a software-as-a-service (SaaS) platform that enables tour and activity operators to manage online bookings, process payments, track availability, and manage customer reservations.

Freebo is a technology provider only. Freebo is NOT a party to any Activity Contract (as defined below) between you and your customers. Freebo does not own, sell, furnish, provide, rent, manage, or control any tours, activities, or experiences offered through the Service.

“Activity Contract” means the agreement between you and your customer for the provision of tours, activities, experiences, or related services.

3. Account Requirements

You must be at least 18 years old and have legal capacity to enter into binding contracts.
You must provide accurate, complete, and current account information and promptly update it.
You are solely responsible for maintaining the confidentiality and security of your account credentials, including passwords and API keys.
You are solely responsible for all activities that occur under your account, whether or not authorized by you, including actions by your employees, contractors, or agents.
You must notify us immediately at [email protected] of any unauthorized use of your account.
Freebo shall not be liable for any loss or damage arising from your failure to secure your account.

4. Operator as Seller of Record

You expressly acknowledge and agree that:

You are the sole seller of record for all tours, activities, experiences, and services sold through the Service.
The Activity Contract is exclusively between you and your customer. Freebo is not a party to, and has no obligations or liability under, any Activity Contract.
You are solely responsible for: (a) the quality, safety, legality, and delivery of your services; (b) the accuracy of your listings, pricing, and availability; (c) compliance with all applicable laws and regulations; (d) handling cancellations, refunds, and customer disputes per your own policies; (e) maintaining appropriate insurance coverage.
Freebo acts solely as a technology provider and, in connection with payment processing, as a limited-purpose agent to facilitate the collection of payments via Stripe on your behalf.
No partnership, joint venture, franchise, agency, or employment relationship is created between you and Freebo by these Terms or your use of the Service.

5. Fees & Payment

Subscription Fees

Access to the Service requires a paid subscription. Current pricing is available on our website or as agreed in your service order.
Subscription fees are billed monthly in advance via the payment method on file. All fees are in US Dollars unless otherwise agreed.
All fees are exclusive of applicable taxes, duties, and levies. You are responsible for all taxes associated with your use of the Service (excluding taxes on Freebo's net income).
If your payment method fails, we will notify you. If payment is not received within 7 days of notification, we may suspend your access to the Service without liability.
Unpaid fees may be subject to a late charge of 1.5% per month (or the maximum permitted by law, if less).

Payment Processing (Stripe Connect)

To accept customer payments, you must maintain a Stripe Connected Account subject to Stripe's Connected Account Agreement and Stripe Services Agreement.
Customer payments are processed by Stripe and deposited into your Stripe account. Freebo does not hold customer funds.
Standard Stripe processing fees are set by Stripe (not Freebo) and deducted by Stripe from each transaction.
You are solely responsible for all chargebacks, disputes, and refunds. If a chargeback or dispute results in a debit to any account, you are responsible for the full amount plus any associated fees.
Freebo expressly disclaims any and all liability for payment processing, including the transmission, storage, or security of cardholder data, and any actions taken by Stripe.
You authorize Freebo to share necessary information with Stripe for the purposes of payment processing and compliance.

Fee Changes

Freebo reserves the right to modify subscription fees at any time. We will provide at least 30 days written notice (via email) of any fee change. The new fees will apply at the start of your next billing cycle following the notice period. Your continued use of the Service after a fee change takes effect constitutes acceptance of the new fees. If you do not agree to a fee increase, your sole remedy is to cancel your subscription before the change takes effect.

6. Data Ownership & License

Operator Data

“Operator Data” means all data, content, and information that you or your customers submit to or generate through the Service, including but not limited to customer booking information, business information, listings, images, and communications.

You retain ownership of your Operator Data. However, by using the Service, you grant Freebo a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, copy, modify, process, analyze, and display Operator Data for the purposes of: (a) providing, maintaining, and improving the Service; (b) developing new products and features; (c) conducting research, analytics, and benchmarking; (d) generating aggregated or de-identified insights; and (e) any other purpose related to the operation of Freebo's business.

Compiled Data

Freebo retains all rights, title, and interest in any aggregated, compiled, de-identified, or anonymized data derived from Operator Data or use of the Service (“Compiled Data”). Compiled Data does not identify any individual Operator or their customers and may be used by Freebo for any lawful purpose without restriction, including after termination of your subscription.

Operator Content License

You grant Freebo a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, display, modify, and distribute any content, trademarks, trade names, or logos you upload or provide in connection with the Service, for the purpose of providing the Service and for Freebo's marketing and promotional activities (including use of your name and logo in customer lists, case studies, and promotional materials).

Feedback & Suggestions

Any feedback, suggestions, ideas, or recommendations you provide regarding the Service (“Feedback”) shall be the exclusive property of Freebo. You hereby assign to Freebo all rights, title, and interest in any Feedback, and Freebo may use Feedback for any purpose without obligation or compensation to you.

Freebo Intellectual Property

The Service, including all software, APIs, designs, documentation, trademarks, and proprietary technology, is owned exclusively by Freebo Software Solutions LLC. All rights not expressly granted to you are reserved. Your subscription grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business operations during the term of your subscription.

7. Acceptable Use & Restrictions

You agree that you will NOT:

Use the Service for any illegal purpose or in violation of applicable laws
Resell, sublicense, rent, lease, or provide third-party access to the Service
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
Copy, modify, or create derivative works of the Service or any part thereof
Remove, alter, or obscure any proprietary notices, trademarks, or branding
Interfere with, disrupt, or attempt to gain unauthorized access to the Service or its infrastructure
Use automated tools, bots, scrapers, or crawlers to access or extract data from the Service
Use the Service to transmit malware, viruses, or other harmful code
Use the Service to send spam or unsolicited communications
Upload content that infringes intellectual property rights of third parties
Use the Service to facilitate money laundering, terrorist financing, or sanctions evasion
Access the Service to build a competing product or service
Exceed rate limits or use the Service in a manner that degrades performance for others
Misrepresent your identity or impersonate another entity

Violation of this section constitutes a material breach and may result in immediate suspension or termination without notice.

8. Confidentiality

“Confidential Information” means any non-public information disclosed by either party, including but not limited to the Service (including non-public features and functionality), business plans, pricing, customer data, and technical information.

Each party agrees to protect the other's Confidential Information using at least the same degree of care it uses for its own, and in no event less than reasonable care.
Confidential Information may only be disclosed to representatives with a need to know who are bound by confidentiality obligations.
Confidentiality obligations survive for 5 years after termination, except for trade secrets which remain confidential indefinitely.
Exclusions: publicly available information, independently developed information, information received from a third party without restriction, or information required to be disclosed by law.

9. Service Availability

Freebo will use commercially reasonable efforts to maintain the availability of the Service. However, the Service is provided on an “as available” basis. Freebo does not guarantee uninterrupted, error-free, or secure access to the Service.

We may perform scheduled maintenance, updates, or modifications to the Service at any time. We will use reasonable efforts to provide advance notice of planned maintenance that may cause significant downtime.

Freebo shall not be liable for any downtime, data loss, or service interruption arising from: (a) scheduled or emergency maintenance; (b) factors outside our reasonable control (including internet connectivity, third-party services, or force majeure events); (c) your equipment, networks, or software; or (d) your breach of these Terms.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. FREEBO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, PERFORMANCE, AND ACCURACY.

FREEBO DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (D) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (E) THE SERVICE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE OR HARDWARE.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THESE TERMS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FREEBO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF FREEBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREEBO'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO FREEBO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

FREEBO SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO: (A) YOUR CUSTOMERS, GUESTS, OR ANY DISPUTES BETWEEN YOU AND YOUR CUSTOMERS; (B) YOUR ACTIVITY CONTRACTS OR THE SERVICES YOU PROVIDE; (C) THE TRANSMISSION, STORAGE, OR SECURITY OF CARDHOLDER DATA; (D) ANY ACTIONS TAKEN BY STRIPE OR OTHER THIRD-PARTY SERVICES; OR (E) CHARGEBACKS, DISPUTES, OR FRAUD RELATED TO YOUR TRANSACTIONS.

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NO ACTION ARISING OUT OF THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES.

12. Indemnification

Operator Indemnification

You agree to indemnify, defend, and hold harmless Freebo, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your breach of these Terms or any representation or warranty herein
Your Activity Contracts, including any personal injury, property damage, death, or loss arising from your services
Any dispute between you and your customers or guests
Your violation of applicable laws, rules, or regulations
Your Operator Data or any content you upload, including infringement of third-party intellectual property rights
Your failure to comply with data protection laws with respect to your customers' data
Chargebacks, disputes, or fraud related to your transactions
Your tax obligations or failure to remit applicable taxes
Claims by any third party related to your use of the Service

Freebo Indemnification

Freebo will indemnify, defend, and hold you harmless from third-party claims alleging that the Service itself (excluding Operator Data and content) directly infringes a valid United States patent, copyright, or registered trademark, provided that you: (a) promptly notify Freebo in writing within 10 days of becoming aware of the claim; (b) grant Freebo sole control of the defense and settlement; and (c) provide reasonable cooperation at Freebo's expense.

Freebo's indemnification does NOT apply to claims arising from: (a) combination of the Service with non-Freebo materials; (b) your modifications or configurations; (c) use of the Service outside the scope authorized by these Terms; (d) your Operator Data or content; or (e) continued use after notice to discontinue.

If the Service is held to infringe, Freebo may at its option: (a) procure the right for you to continue using it; (b) replace or modify it to be non-infringing; or (c) terminate your subscription and provide a prorated refund of prepaid fees for the unused period.

13. Term & Termination

Term

These Terms are effective from the date you create an account and continue until terminated. Your subscription renews automatically on a monthly basis unless cancelled.

Cancellation by Operator

You may cancel your subscription at any time via account settings or by emailing [email protected].
Cancellation takes effect at the end of your current billing period. No refunds are provided for partial billing periods.
You remain obligated to fulfill all Activity Contracts (bookings) made prior to cancellation.

Termination by Freebo

For cause: Freebo may suspend or terminate your account immediately without notice for: material breach of these Terms, illegal activity, non-payment (after 7-day cure period), excessive chargebacks, or any activity that poses a risk to Freebo or other users.
Without cause: Freebo may terminate your subscription for any reason or no reason with 30 days written notice. If terminated without cause, Freebo will refund any prepaid fees for the unused portion of the billing period.
Freebo shall not be liable to you or any third party for any termination of your access to the Service.

Effects of Termination

Upon termination, all licenses granted to you immediately terminate.
You will immediately cease all use of the Service.
You may request a data export within 30 days of termination. Data exports are provided in CSV format. After the 30-day export period, Freebo has no obligation to maintain or provide your data and may delete it.
All outstanding fees become immediately due and payable.
You must fulfill all pre-existing Activity Contracts regardless of termination.

Survival

The following sections survive termination: 4 (Seller of Record), 6 (Data Ownership & License), 8 (Confidentiality), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 13 (Effects of Termination and Survival), 14 (Governing Law), and 15 (General).

14. Governing Law & Dispute Resolution

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

MANDATORY BINDING ARBITRATION: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single neutral arbitrator in Austin, Texas (or via telephone/video for claims under $25,000).

CLASS ACTION WAIVER: ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

JURY TRIAL WAIVER: BY AGREEING TO THESE TERMS, YOU AND FREEBO EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

Time limitation: Any claim or cause of action arising out of these Terms must be filed within one (1) year after the cause of action arises, or it is permanently barred.

Exceptions: Either party may seek injunctive or equitable relief in a court of competent jurisdiction (Travis County, Texas) to protect intellectual property rights or to prevent irreparable harm, without the requirement of posting bond.

15. General Provisions

Entire agreement: These Terms, together with the Privacy Policy and DPA, constitute the entire agreement between you and Freebo, superseding all prior agreements, proposals, or representations.
Amendments: Freebo may modify these Terms at any time. We will provide at least 30 days notice of material changes via email. Your continued use of the Service after the effective date constitutes acceptance. If you disagree, your sole remedy is to cancel before the change takes effect.
Severability: If any provision is held unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
No waiver: Freebo's failure to enforce any provision shall not constitute a waiver of that provision or any other provision.
Assignment: You may not assign or transfer these Terms (including by merger, acquisition, change of control, or operation of law) without Freebo's prior written consent. Freebo may assign these Terms freely to any person or entity without restriction or notice.
Force majeure: Freebo shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, natural disasters, internet or infrastructure failures, government actions, labor disputes, or third-party service disruptions.
Independent contractors: The parties are independent contractors. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.
Notices: All notices to you will be sent to the email address on your account. Notices to Freebo must be sent to [email protected]. Email notices are deemed received 24 hours after sending.
Headings: Section headings are for convenience only and have no legal effect.

16. SMS Messaging Program

Program name: Freebo Booking Notifications.

Freebo operates a text messaging program that sends transactional SMS about a reservation to customers who booked through a Freebo-powered checkout and expressly consented to receive them. Messages relate only to a reservation the recipient has made. We do not send marketing or promotional text messages through this program.

Messages you may receive include:

Booking confirmations when a reservation is created
Trip reminders before departure
Reschedule, modification, and cancellation notices
Payment receipts, failed payment notices, and balance-due reminders
Requests to sign a required waiver before your trip

How to opt in: During checkout, after entering your contact details, you may check a box consenting to receive text messages about your booking. The box is never pre-checked, and checking it is not a condition of booking or purchase. You may also opt in by texting START to the program number.

Message frequency: Message frequency varies and depends on your reservation activity. Most customers receive a small number of messages per reservation.

Cost: Message and data rates may apply. Freebo does not charge for these messages; your mobile carrier's standard rates apply.

HELP: For help with the messaging program, reply HELP to any message or email [email protected].

STOP: To stop receiving text messages at any time, reply STOP to any message. You will receive a single confirmation and no further texts. Opting out of SMS does not cancel your reservation, and you will continue to receive reservation email.

Mobile carriers are not liable for delayed or undelivered messages. Message delivery is subject to carrier and device availability.

We do not sell mobile phone numbers, and no mobile information or SMS consent is shared with third parties or affiliates for marketing or promotional purposes. See our Privacy Policy for how we handle this data.

17. Contact

Freebo Software Solutions LLC
Austin, Texas, United States
Legal: [email protected]
Support: [email protected]