Terms of Service

In these Terms, unless the context otherwise requires:

1. “Services” means the Libretour website at www.libretour.com, the Libretour software-as-a-service platform, any application programming interfaces, browser extensions, embedded widgets, and all related online and offline services made available by Libretour.
2. “Supplier” means a tourism business or holding entity (including each of its authorised personnel) that has subscribed to the Services for the purpose of authoring and publishing training material about its products.
3. “Learner” means an individual travel agent or other professional user who has registered for an account to enrol in and complete Supplier-published training and to interact with the Services.
4. “Customer Content” means all content, data, text, images, audio, video, documents, and other material that a Supplier or a Learner uploads, transmits, generates, or makes available through the Services.
5. “Libretour Content” means the Services and all software, designs, trademarks, methodology, documentation, training templates, default voices, and other material owned by or licensed to Libretour.
6. “Subscription” means a paid plan to access designated features of the Services, as ordered through the Services or a separately signed order form.
7. “Working Day” has the meaning given to it in section 5 of the Interpretation Act 1999 (New Zealand).

By accessing or using the Services you represent that you have read, understood, and agreed to these Terms. If you are entering into these Terms on behalf of an organisation, you represent and warrant that you have authority to bind that organisation, and references to “you” will include that organisation.

We may amend these Terms from time to time. Material changes will be notified to account holders by email and posted on the Services at least ten (10) Working Days before they take effect. Continued use of the Services after the effective date of an amendment constitutes acceptance of the amended Terms.

The Services are intended for use by Suppliers in the tourism industry and by professional travel agents. By creating an account you represent that:

1. you are at least sixteen (16) years of age;
2. the registration information you provide is accurate, complete, and current;
3. you are not barred from using the Services under New Zealand law or any other applicable jurisdiction; and
4. if you are accessing the Services as an employee or contractor of a Supplier, you have authority to do so.

You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. You must notify us immediately at security@libretour.com on becoming aware of any unauthorised access or other security incident.

Each Supplier agrees, in addition to its other obligations under these Terms:

1. to upload only Customer Content that the Supplier is authorised to share, including (where applicable) all necessary licences from rights holders;
2. not to upload Customer Content that misrepresents the Supplier's products, conditions of sale, refund terms, or safety information, in breach of the Fair Trading Act 1986;
3. to obtain and retain evidence of consent from each individual whose voice, likeness, name, or other personal information appears in Customer Content, including each Voice Donor referred to in section 7;
4. to grant Libretour a worldwide, non-exclusive, royalty-free licence to host, reproduce, translate, synthesise, transmit, and display Customer Content solely to provide the Services to the Supplier and its Learners;
5. to designate an account administrator who is the Supplier's primary contact for billing, security, and privacy matters; and
6. to comply with the Acceptable Use Policy.

Each Learner agrees:

1. to use the Services solely for the Learner's own professional training and certification purposes;
2. not to share account credentials with any other person, including colleagues at the same agency;
3. not to download, scrape, mirror, or otherwise reproduce Supplier training material outside the Services, except as expressly permitted by the relevant Supplier;
4. to provide truthful answers to quizzes and other assessments; and
5. not to use the AI assistant in any manner described as prohibited in the Acceptable Use Policy, including any attempt to extract private content or circumvent training gates.

The Services include features that use large language models, machine translation, and text-to-speech synthesis to generate or transform content, including AI-generated quiz questions, translations of Customer Content into additional languages, AI-generated narration, and answers produced by the in-platform AI assistant (collectively, “AI Output”).

You acknowledge and agree that:

1. AI Output is generated by statistical models and may be inaccurate, incomplete, biased, or otherwise unsuitable for your purposes;
2. before publishing or commercially relying on AI Output, you will review it for accuracy, appropriateness, and compliance with applicable laws;
3. to the maximum extent permitted by law, Libretour disclaims all warranties with respect to AI Output, including any warranty of accuracy, fitness for purpose, or non-infringement;
4. where AI Output is derived from Customer Content, the Supplier retains ownership of, and responsibility for, the resulting derivative work; and
5. Libretour may impose reasonable usage quotas, rate limits, or character caps on AI-driven features and reserves the right to change those limits with notice.

Where a Supplier uses the voice-cloning functionality of the Services, the Supplier:

1. warrants that it has obtained the prior informed written consent of the individual whose voice is being cloned (the “Voice Donor”) to record, clone, and commercially use the resulting synthetic voice in training material distributed via the Services;
2. warrants that the Voice Donor is at least eighteen (18) years of age;
3. will produce evidence of the Voice Donor's consent to Libretour on reasonable request;
4. will, on revocation of consent by the Voice Donor, cease use of the resulting synthetic voice and notify Libretour without undue delay; and
5. will indemnify Libretour for any third-party claim arising out of unauthorised use of any Voice Donor's voice or likeness through the Services.

Libretour reserves the right to remove voice profiles or audio outputs in the event of a credible consent dispute and to require a Supplier to substantiate its consent record before re-enabling the affected feature.

Fees for paid Subscriptions are set out on the Services or in an order form. All fees are exclusive of New Zealand Goods and Services Tax (GST) and any equivalent indirect taxes in your jurisdiction, which (where applicable) will be added to your invoice.

Subscriptions renew automatically at the end of each subscription term unless cancelled in accordance with section 9. Free-tier features are provided gratuitously and may be modified, limited, or withdrawn at any time.

You may cancel your Subscription at any time through the billing settings within the Services. Cancellation takes effect at the end of the then-current subscription term; you are not entitled to a pro-rata refund for any unused portion of that term, except as required by the Consumer Guarantees Act 1993 or other applicable law.

If the Services materially fail to comply with a guarantee under the Consumer Guarantees Act 1993 (where that Act applies), you may be entitled to a remedy in accordance with that Act, including a refund where the failure is of a substantial character.

As between the parties, the Supplier (or, where appropriate, the Learner) retains all right, title, and interest in and to the Customer Content it provides. The Supplier grants Libretour the licence described in section 4 for the purpose of operating the Services.

Libretour retains all right, title, and interest in and to the Libretour Content and to all improvements, modifications, and derivative works, other than Customer Content. Nothing in these Terms grants you any right or licence in the Libretour Content other than the limited right to access and use it as part of the Services.

If you submit feedback, suggestions, or feature requests to Libretour, you grant Libretour a perpetual, worldwide, royalty-free, sublicensable licence to use that feedback for any purpose without restriction.

Your use of the Services is subject to the Acceptable Use Policy, which is incorporated into these Terms by reference. Without limiting the generality of that policy, you must not, and must not permit any third party to:

1. use the Services in breach of any New Zealand or other applicable law, including the Fair Trading Act 1986, the Consumer Guarantees Act 1993, the Unsolicited Electronic Messages Act 2007, and the Harmful Digital Communications Act 2015;
2. promote or facilitate gambling, the sale of regulated substances, or any activity for which a licence is required and not held;
3. upload material that infringes the intellectual property rights of any third party;
4. attempt to reverse-engineer, decompile, or extract the source code of the Services, except to the extent expressly permitted by law;
5. access the Services through automated means in a manner that imposes an unreasonable load on our infrastructure; or
6. misuse, attack, or attempt to circumvent any security feature of the Services.

Libretour may suspend or terminate your access to the Services, in whole or in part, with or without notice, where Libretour reasonably believes that:

1. you have breached these Terms, the Acceptable Use Policy, or any applicable law;
2. continued provision of the Services to you would expose Libretour, another user, or a third party to material legal or security risk;
3. required payment for a Subscription is overdue by more than fourteen (14) days; or
4. required by court order or other lawful direction.

On termination, the Supplier may within thirty (30) days request export of its Customer Content in a commonly used machine-readable format. After that period, Libretour may delete Customer Content in accordance with its retention schedule.

To the maximum extent permitted by law, the Services are provided “as is” and “as available”, without warranty of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, or uninterrupted operation.

Libretour does not warrant that the Services will be free of errors, that AI Output will be accurate, that Customer Content will be preserved against accidental loss, or that any defect will be corrected within any particular timeframe.

To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, loss of revenue, loss of goodwill, loss of business opportunity, or loss or corruption of data, in each case arising out of or in connection with these Terms, even if advised of the possibility of such damages.

Subject to the foregoing, each party's aggregate liability arising out of or in connection with these Terms in any twelve-month period is limited to the greater of:

1. the fees paid by the Supplier to Libretour for the Services in the twelve (12) months immediately preceding the event giving rise to the claim; or
2. NZD $1,000.

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded.

The Supplier will indemnify, defend, and hold harmless Libretour and its officers, employees, contractors, and agents from and against any third-party claim, loss, damage, liability, cost, or expense (including reasonable legal fees) arising out of or relating to:

1. any Customer Content uploaded or transmitted via the Services by the Supplier;
2. any breach by the Supplier of these Terms or of any applicable law; or
3. any use of voice cloning that is alleged to be unauthorised by the Voice Donor.

Where you are acquiring the Services in trade for the purposes of a business, you and Libretour agree to contract out of the provisions of the Consumer Guarantees Act 1993 and Part 2 of the Fair Trading Act 1986 to the maximum extent permitted by section 43(2) of the Consumer Guarantees Act 1993 and section 5D of the Fair Trading Act 1986. Both parties confirm that this contracting-out is fair and reasonable in the circumstances and was the subject of genuine consideration.

Nothing in these Terms excludes or limits any non-excludable consumer guarantee, right, or remedy that you may have where you are acquiring the Services other than in trade.

Neither party will be liable for any failure or delay in performance (other than a payment obligation) caused by circumstances beyond its reasonable control, including without limitation acts of God, natural disaster, pandemic, war, terrorism, civil disturbance, government action, network or utility failure, or failure of a third-party service provider, provided that the affected party takes reasonable steps to mitigate the effects.

These Terms are governed by, and will be construed in accordance with, the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

Before commencing any court proceeding, the parties will attempt in good faith to resolve any dispute by direct negotiation, escalating to senior management of each party within ten (10) Working Days of written notice of the dispute. If a dispute is not resolved within thirty (30) Working Days after escalation, either party may commence proceedings or, with the other party's consent, refer the dispute to mediation under the Resolution Institute Mediation Rules.

Assignment: you may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all our assets, on notice to you.

Notices: notices to Libretour must be sent in writing to legal@libretour.com and to our registered office. Notices to you will be sent to the email address associated with your account.

Severability: if any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver: failure to enforce any provision of these Terms will not constitute a waiver of that provision.

Entire agreement: these Terms, together with the Privacy Policy, Acceptable Use Policy, Cookies Policy, and any order form, constitute the entire agreement between the parties with respect to the Services and supersede any prior agreement on that subject.