Last Revised on 15.12.2023

These Terms ("Terms") govern your rights and responsibilities as a Content Provider. It is important that you carefully review and understand these Terms, as they outline the terms and conditions under which you may upload and share your Content. We recommend that you also review our Privacy Policy.

By uploading your Content, you acknowledge and agree to be bound by these Terms and our Privacy Policy. It is your responsibility to familiarise yourself with these Terms and comply with all applicable regulations and laws.

If you have any questions or concerns about these Terms or our Privacy Policy, please contact us for further clarification.

1. Definitions
1.1. The following terms used in these Terms have the meanings set forth in this paragraph:
1.1.1. Account
The private environment of the Content Provider in the interface of the WeGoTrip CMS, to which the Content Provider shall have access after entering his/her registration data: Name and Surname of the representative, email address, telephone number, city/cities of provision of the Content, the language of a provision of the Content, etc.;

1.1.2. GDPR
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data and repealing Directive 95/46/EC. Unless expressly stated otherwise in these Terms, any term shall have the same meaning as stipulated in the GDPR.

1.1.3. WeGoTrip CMS
The online content management system (CMS) on the Website that the Content Provider uses to create, upload and manage its Content;

1.1.4. Content
All information and/or data provided, modified or uploaded by the Content Provider through the WeGoTrip CMS, including but not limited to the tours, activities and other travel-related destination services, mobile guides containing information on museums and/or public sites or attractions provided in the text, photos, video, audio materials, as well as in any other form;

1.1.5. Content Provider or you
Any business, enterprise, legal entity, sole proprietor or individual, whether operating within a business or profession, which has created an Account and uses the WeGoTrip Service, including by uploading Content via WeGoTrip CMS;

1.1.6. Database
The database into which the Content is included and which WeGoTrip can make available to associated entities, third-party service providers and End Users;

1.1.7. End User
The individual person using the Content through any of the Products or any of the WeGoTrip products (e.g. the WeGoTrip App or the Website);

1.1.8. Intellectual Property Rights
All intellectual and industrial property rights and similar rights of whatever nature anywhere in the world whether currently existing or coming into existence at some future time and all rights pertaining thereto, whether recorded or registered in any manner or otherwise, including (but not limited to) any copyrights and related rights, industrial design rights and other design rights, registered designs, patents, utility models, inventions (whether or not patentable), trademarks, service marks, database and software rights, rights to layout-designs of integrated circuits, trade secrets, know-how, confidential information, business names, trade names, brand names, domain names and all other legal rights anywhere in the world protecting such intangible property including, where applicable, all renewals, extensions and applications for registration, the right to apply for registration and the right to sue for damages for past and then-current infringement in respect of any of the same;

1.1.9. WeGoTrip App
WeGoTrip mobile apps (Android and iOS);

1.1.10. WeGoTrip Service
In the context of these Terms, this means the service provided by WeGoTrip to the Content Provider in the manner described in Article 3;

1.1.11. Website
https://wegotrip.com/ and all top-level and subdomains;

1.1.12. WeGoTrip or we
WeGoTrip OU, registry code 14861088, address Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 3 // 5 // 7, 10145;

1.1.13. Terms
These Terms;

1.1.14. Login
The name and password that the Content Provider provides when creating an Account and through which the Content Provider accesses the Account;

1.1.15. Personal Data
Has the meaning given to it in the General Data Protection Regulation (GDPR);

1.1.16. Product or Products
The Partner's current and future products, including but not limited to mobile applications, web/web interfaces, mapping/navigation/positioning devices and/or other display devices, technologies and/or services;

1.1.17. Partner
An entity or individual who has accessed the Database and incorporates Content into its Products (e.g. it may be other application or platform providers such as hotel reservation companies, airline reservation companies, or navigation systems), including its agents, distributors and other types of intermediary companies and/or persons.

1.2. The rest of the terms and definitions in the text of the Terms are interpreted by the parties according to the current regulations of the Republic of Estonia.
1.3. The headings (of articles) of the Terms are for convenience only and shall not in any way affect the meaning or interpretation of the Terms.
1.4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular and a reference to one gender shall include a reference to other genders.
1.5. A reference to writing or written includes email.
1.6. Any words following the terms including, include, in particular, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. Applicability of the Terms of Use
2.1. By using the WeGoTrip Service, you accept these Terms. In order to avoid any discrepancies between the applicable terms and conditions, your own terms and conditions (if any) will not apply.

2.2. We reserve the right to make changes to these Terms from time to time, which may be necessary due to business development, new regulations, or other reasons. You acknowledge and agree that we are not required to seek your approval for these changes. The most recent version of the Terms can always be found on the Website. We will provide notice that a change has been made to these Terms by posting the revised Terms to the Website and changing the "Last Revised" date at the top of the Terms.

2.3. By continuing to use the WeGoTrip Service following any modifications made to these Terms, you signify your acceptance and agreement to be bound by the amended Terms. In the event that you do not agree to the revised Terms, we kindly request that you terminate your use of the WeGoTrip Services.

2.4. It is possible that certain provisions of these Terms may become illegal, invalid, or unenforceable due to various reasons, including the repeal of mandatory consumer protection laws. In such cases, the invalid provision shall not impact the validity of the remaining provisions of these Terms. The invalid provision will be substituted with another provision that is valid in all respects, aiming to maintain an effect as close as possible to that of the provision being replaced.
3. Basic terms and conditions of the WeGoTrip Service
3.1. The Content Provider agrees to provide certain Content that WeGoTrip may market and distribute through the Website, WeGoTrip App, and Partners’ platforms for purchase (i.e., booking) by End Users, all as described further in these Terms. WeGoTrip grants you the right to access and use the WeGoTrip CMS, which allows you to upload, store and manage (i.e. change, add and delete) Content. The Content you upload will become part of the Database. We make the Database available to Partners which may incorporate Content into their Products as described further in Article 7.

3.2. Given that the WeGoTrip Service operates as a free and open platform for Content Providers, it is expressly stated that Content Providers shall not assert exclusive rights or claims over any specific public facility or attraction. WeGoTrip Service allows each Content Provider to incorporate public facilities or attractions within their respective Content, without granting exclusive rights or privileges.

3.3. We will provide the WeGoTrip Service to the best of our ability. However, you must agree that the WeGoTrip Service contains only those features which you will find at the time of use ("as is"). Except as expressly provided in these Terms, we make no warranty, express, implied, statutory or otherwise, including but not limited to any warranty of merchantability or fitness for a particular purpose, quality, security, integrity, reliability or accuracy of the WeGoTrip Service or WeGoTrip CMS, or that any part of the WeGoTrip Service will be uninterrupted, error-free, virus-free, timely, secure, nor do we make any implied or explicit warranty that any Content is safe in any manner for download (if applicable).

3.4. When an End User selects and purchases the Content, the End User enters into contractual relationships with the Content Provider. We have the right to accept the contract offer from the End User in the name and on behalf of the Content Provider as a commercial agent. However, we reserve the right to reject contract offers at our sole discretion.

4. Accessing the WeGoTrip Service
4.1. In order to use the WeGoTrip Service, it is necessary to create an Account by following the registration procedure on the Website or in the WeGoTrip App. The Content Provider will be asked to indicate a contact person and provide the contact details of the contact person. You need to ensure that all information provided is up-to-date, correct and complete. This is important to us as in some cases (e.g. if there are questions about your Content) we may need to contact the Content Provider. No Content Provider is permitted to create an Account under anyone else's name.

4.2. If you are a natural person under the age of 18, you shall be allowed to register as a Content Provider. In such a case you shall have the permission of your parent(s) or legal guardian(s) to create an Account and use the WeGoTrip Service.

4.3. In the event that you register an Account and use the WeGoTrip Service on behalf of another person, company, or other commercial entity, you acknowledge and accept the responsibility for possessing the necessary legal authority to bind that person, company, or other commercial entity to these Terms.

4.4. To complete the registration process, a login and password are required. It is imperative that you maintain the confidentiality of your Login to prevent unauthorised use of your Account. In the event that you become aware or have reason to suspect that your Login has been compromised or accessed by unauthorised individuals, you shall promptly notify WeGoTrip without delay. Additionally, you are responsible for taking appropriate and effective measures to change your Login details to enhance security.

4.5. If you can no longer access your Account (for example, because the person who created the Account has left your company without leaving the Login), please contact us at support@wegotrip.com.

4.6. WeGoTrip may use your contact details to send emails regarding the WeGoTrip Service.

4.7. In the event that you make your Account available to other parties (third parties), you will be solely responsible for their actions. This means that any damage to your content or costs arising from the use of the WeGoTrip Services by such third parties shall be borne by your own account. These Terms also apply to such third parties using your Account.

4.8. In some cases, we may need to contact you. If you do not respond to our request within one month, we will assume that you no longer wish to use your Account and we reserve the right to close your Account and remove your Content.

4.9. For the purpose of enhancing the WeGoTrip Service or other valid reasons, WeGoTrip may find it necessary to implement functional, procedural, or technical changes to the WeGoTrip Service, including WeGoTrip CMS. This may also involve the temporary or permanent disabling of all or a portion of the WeGoTrip Service. It is acknowledged that WeGoTrip shall not be held liable for such actions.

4.10. The Content Provider is exclusively responsible for the procurement and/or correct operation of the infrastructure necessary for the use of the WeGoTrip Service. WeGoTrip shall not be held liable for damages or costs arising from transmission errors, malfunctions or unavailability of computer, data or telecommunication facilities, including the Internet.

4.11. We carry out all reasonable measurements to ensure that the WeGoTrip Service works faultlessly at all times. In the event that the WeGoTrip Service or part thereof is nevertheless (temporarily) unavailable or not working properly, we cannot be held liable for any resulting damage or costs.

4.12. Please be aware that we do not assume responsibility for storing your data, including your Content. This means that if you delete your Content from our platform or if technical issues arise, your Content may be permanently lost, and we may be unable to recover it. Therefore, it is strongly recommended that you maintain a copy of your Content on your own devices for backup and storage purposes.

4.13. In the case where multiple Content Providers contribute the Contents for a specific place/destination/event, WeGoTrip reserves the right to choose which Content (from which Content Provider) to display and the particular order of such display.
5. Using the WeGoTrip Services
5.1. In order to use the WeGoTrip Service, it is necessary to create an Account by following the registration procedure on the Website or in the WeGoTrip App. The Content Provider will be asked to indicate a contact person and provide the contact details of the contact person. You need to ensure that all information provided is up-to-date, correct and complete. This is important to us as in some cases (e.g. if there are questions about your Content) we may need to contact the Content Provider. No Content Provider is permitted to create an Account under anyone else's name.

5.2. We reserve the right to establish minimum standards for Content, which may encompass technical requirements, information quality, and level of detail, among other aspects. These standards may be amended or supplemented at our discretion and at any time. Should you have any inquiries or concerns pertaining to these minimum standards, please do not hesitate to contact us.

5.3. No Content can be accessed and the WeGoTrip Service cannot be used in any way:
5.3.1. is discriminatory with regard to race, ethnicity, religion, sex, culture or heritage or is otherwise offensive;

5.3.2. calls for violence and/or harassment of others;

5.3.3. is false and/or misleading, including but not limited to the acceptance of a false identity and/or the making of a false assumption that the Content Provider is in any way commercially connected to WeGoTrip;

5.3.4. contains viruses, Trojan horses, worms, bots or other software which could damage, disable, remove or render inaccessible the WeGoTrip Service;

5.3.5. violates these Terms, the Privacy Policy and/or any applicable laws including the applicable laws of the jurisdiction in which the Content Provider is established/resides;

5.3.6. infringes the rights of WeGoTrip and/or third parties, including - but not limited to - Intellectual Property Rights and rights relating to the protection of privacy;

5.3.7. is detrimental to the interests and reputation of WeGoTrip, any of its associated entities or third-party service providers;

5.3.8. reproduces, publishes or sells information obtained through the WeGoTrip Service, with the exception of Content created and provided by the Content Provider itself;

5.3.9. makes available Content containing advertisements of third parties, unless expressly authorised by WeGoTrip;

5.3.10. violates the minimum standards to the extent that WeGoTrip stipulates for the Content Provider;

5.3.11. involves a third party in carrying out any of the above activities.
5.5. Content provided by you through the WeGoTrip Service may be used by us, the Partners and End Users in accordance with clause 6.

5.6. In the following situations, we reserve the right to (i) reject or delete Content, (ii) close your Account or (iii) assign "draft" status to Content, which means that the Content must be modified before it is made available to the Partners and/or the End Users:
5.6.1. if the Content does not meet the standards set out in point 5.2;

5.6.2. if the Content is not authorised under point 5.3;

5.6.3. by court order or decision of any other governmental authority; or

5.6.4. if the Content does not generally meet or contravene community standards.
WeGoTrip may take such a decision at its own discretion and independently of any formal analysis in accordance with the applicable laws. By carrying out any of the above actions, WeGoTrip shall not be liable for the payment of any compensation to the content provider.
5.7. If you believe that certain content offered by another content provider infringes your rights and/or the rights of a third party, please notify WeGoTrip immediately in accordance with clause 13.
6. Intellectual Property Rights
6.1. We respect your Intellectual Property Rights and expect you to do the same with our Intellectual Property Rights. As the creator, authorised person (licensee) and/or an exclusive owner of the Content you submit through the WeGoTrip Service, you shall retain all Intellectual Property Rights associated with your Content. You maintain the right to edit, modify, and/or delete your Content at any time within the WeGoTrip Service.
The Intellectual Property Rights pertaining to the WeGoTrip Service, including the WeGoTrip CMS, the Database, the WeGoTrip App, and the Website, are exclusively owned by us or our licensors. This signifies that you are strictly prohibited from registering any domain names or trademarks that are identical or similar to any assets over which WeGoTrip holds Intellectual Property Rights. Additionally, you are not authorised to reproduce, modify, reverse engineer, or publish the WeGoTrip Service and/or WeGoTrip CMS, Website, or WeGoTrip App for any purpose other than those explicitly listed in these Terms. Any actions involving the deletion, concealment, alteration, or obfuscation of notices or statements related to our Intellectual Property Rights are strictly forbidden.
Notwithstanding any provision in these Terms, nothing in these Terms shall be deemed to constitute the transfer (assignment) of Intellectual Property Rights between the parties.

6.2. As a Content Provider, you shall be granted a non-exclusive right to access and utilise the WeGoTrip Service and its associated software, including WeGoTrip CMS, to the extent necessary for the proper use of the WeGoTrip Service. You acknowledge that WeGoTrip reserves the right to grant the same right to other content providers. This granted right may only be revoked by WeGoTrip in accordance with the conditions specified in these Terms.

6.3. In order that we may distribute your Content and provide you with free and global promotion, you acknowledge and accept that by making your Content available through the WeGoTrip Service, you automatically and without charge grant us the worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, create derivative works, process, use and reproduce your Content. This includes the right for us to make your Content available to third parties and to grant third parties the same rights to your Content. The rights granted to us shall not be exclusive, so do not hesitate if WeGoTrip does not distribute your Content. The rights to your Content granted to us include but are not limited to these rights:
6.3.1. use of the Content for our internal purposes, such as using screenshots for our leaflets or using them as an example in our presentations;

6.3.2. re-formatting and/or using the Content to develop, produce and improve the Database, the WeGoTrip App and the Website, for example, to make your Content more suitable for spreadsheets, websites, iOS, Android and Windows phones;

6.3.3. include, (permanently) store, add or otherwise use (reformat) the Content in the Database, the WeGoTrip App and the Website;

6.3.4. provide certain Partners (that have been carefully selected by us) with access to your Content (via the Database or otherwise) and the non-exclusive and worldwide right (i) to reformat and/or use your Content to develop, produce and improve their Products, for example, to present it in the most attractive way through their Products, (ii) use your Content in their Products (to increase the exposure of your Content) and/or (iii) sub-licence, deliver

6.3.5. the use of (parts of) your Content, your name, trade name and/or logo and the relationship between us for promotional and marketing purposes, for example by presenting your Content as an example to other potential Content providers and end users, unless you do not approve such use, in which case you should contact us.
6.4. For the avoidance of doubt, in our agreements with the Partners, we strictly prohibit Partners from selling any of your Content to any other party. In addition, your name and profile (or the name of the author) and copyright notice (if any) will always be available, linked to or integrated with your Content when it is made available to Partners and End Users unless this is not possible for technical reasons (e.g. when we advertise your Content).

6.5. The licence you have granted WeGoTrip to use your Content, as outlined in clause 6.3 above, will remain valid as long as your Content is accessible through WeGoTrip CMS. In the event that you wish your Content to be deleted, it will be removed from WeGoTrip's systems, servers, and Database. However, WeGoTrip is not obligated to remove this Content from all proxy servers or similar technical "cache systems." It is important to note that prior to the deletion of the Content, it may have already been uploaded by a third party, such as an End User, Partner, or another third party. We cannot guarantee the removal of Content from any services, systems, or devices controlled and operated by such third parties, nor can we prevent such third parties from using the removed Content.

6.6. We respect your Intellectual Property Rights under these Terms and will only work with the Partners who agree to do the same. However, for technical reasons, we or the Partner may publish your Content without your name or other designation as the creator of the Content, or make any changes to the name of your Content or any minor changes to the Content itself. In such cases, the meaning of the Content itself shall not be changed. You agree to accept such changes and do not object to them. If such changes result in any misrepresentation, distortion or other infringement of your Content that could damage your name or reputation or your dignity, you are, of course, entitled to object.

6.7. If you do not agree with any changes made to your Content by any Partner, or if you believe that your Intellectual Property Rights have been or are being infringed by a Partner, you may notify us as soon as possible by sending a notice to support@wegotrip.com. In the event that you notify us of any infringement or alleged infringement of your Intellectual Property Rights, we will promptly initiate contact with the relevant Partner to address and resolve the issue. Should it be determined, in our sole discretion, that your claim is valid, we reserve the right to discontinue any collaboration or cooperation with said Partner. However, it is expressly understood that WeGoTrip shall not be held liable or accountable for any infringements or alleged infringements of your Intellectual Property Rights by Partners, End Users, or any other parties, regardless of whether access to your Content was facilitated by us. By agreeing to these terms, you hereby waive all rights to make claims against us in relation to such (alleged) infringements by any third party, and you further indemnify and hold WeGoTrip harmless against any and all claims brought by third parties in connection with such infringements.

7. Personal data
7.1. We process your Personal Data and the Personal Data of the Account holders, including but not limited to information entered when you create your Account, the information provided when you use the WeGoTrip Service and upload/download Content, and information collected about your use of the WeGoTrip Service, such as browsing history, IP address, information about your browser and operating system, and user interaction with the browser.

7.2. To the extent necessary, you consent in advance to all processing by or on behalf of WeGoTrip of the Personal Data referred to in clause 7.1 for the purpose:
7.2.1. developing and offering the WeGoTrip Service, the WeGoTrip App and the Website;

7.2.2. communication with you about WeGoTrip and its products and services;

7.2.3. generation of statistical data (including via Google Analytics and/or other analytics providers);

7.2.4. protecting our information systems.
7.3. To the extent necessary, you agree in advance that we will give the Partners access to the Personal Data set out in clause 7.1, other than Login, and all subsequent processing of that Personal Data by or on behalf of that Partners, for purposes related thereto:
7.3.1. developing and offering their products;

7.3.2. communicating with you about the Partner and its products;

7.3.3. generation of statistical data (including via Google Analytics and/or other analytics providers);

7.3.4. protecting the Partner's information systems.
7.4. To the extent necessary, you will, in accordance with clauses 7.2 and 7.3, give authorisation on behalf of any persons using the Account. You warrant that you have the requisite authority from such persons to grant such authorisations.

7.5. Content uploaded by you may contain Personal Data of persons other than the Content Provider or persons using the Account. It is possible that their processing (i) by us or on our behalf for the purposes set out in paragraph 7.2, and (ii) by or on behalf of any Publishing Partner for the purposes set out in paragraph 7.3, requires permission from such other persons. If there is a substantial risk that such authorisation will be required, you must obtain such authorisation.

7.6. We will take appropriate technical and organisational measures to protect the Personal Data referred to in paragraphs 7.1 and 7.5 from accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access.

7.7. Under the GDPR, processing personal data requires a legal basis. This legal basis may be the granting of authorisation as set out in clause 7, but there are other legal grounds as well. For the avoidance of doubt, the authorisations granted to us and the Partners pursuant to this section are without prejudice to any other legal basis that we and the Partners may have for the processing referred to in this section.

7.8. WeGoTrip shall at all times implement appropriate technical and organisational measures against unauthorised оr unlawful processing, access, disclosure, copying, modification, storage, reproduction, display оr distribution of Personal Data, and against accidental оr unlawful loss, destruction, alteration, disclosure ог damage of Personal Data.

7.9. WeGoTrip will promptly and without undue delay notify the Content Provider if any data is lost or destroyed or becomes damaged, corrupted, or unusable.
8. Money and settlements
8.1. WeGoTrip is entitled to receive the invoiced amounts from the End User in the name of and on behalf of the Content Provider.

8.2. The Content Provider's remuneration is paid by WeGoTrip for the Content actually purchased by the End Users.

8.3. The pricing of your Content is within your discretion (we reserve the right to establish at our sole discretion the minimum and maximum thresholds of the prices for content offered through our platform). However, please be aware that we retain the right to temporarily offer the Content for free, or establish a reduction (discount) in the price of the Content, for promotional purposes or other reasons, at our sole discretion.

8.4. When providing Content to End Users, the fees paid by End Users shall be distributed as follows (excluding VAT):
8.4.1. In the case of facilitating Content sales, the Partner shall receive a commission based on the terms of the agreement with the specific Partner;

8.4.2. The Content Provider, referring to you, shall receive 30% of WeGoTrip's revenue after deducting the Partner's fee as indicated herein and/or any expenses incurred for ticket purchase (for the event, museum, tour, attraction or any similar facility) on behalf of the End User (if applicable), and any fee related to the payment/card processing, bank transfers and similar transactional costs. WeGoTrip retains the right to modify the amount of remuneration specified in these Terms pertaining to the specific Content. Any changes to the remuneration shall be at the sole discretion of WeGoTrip and may be implemented by providing prior written notice to the Content Provider. The Content Provider acknowledges and agrees that WeGoTrip shall have the authority to adjust the remuneration accordingly, provided that such modifications comply with applicable laws and regulations;
8.5. In order to receive remuneration from the sale of the Content, you will submit your own remuneration request to WeGoTrip, with payment details to transfer the funds. We will endeavour to make all payments within 5 (five) business days. However, any late payment will not entitle you to suspend your obligations under these Terms, including the licence provided in clause 6, nor will it entitle you to interest on such late payment.

8.6. In the event that WeGoTrip owes you an amount less than 50 (fifty) euros (before VAT, if applicable), we reserve the right, at our sole discretion, to defer the payment. The deferred payment shall occur either when your accumulated income equals or exceeds 50 (fifty) euros (before VAT, if applicable), or at the end of the current financial year, whichever comes first. We shall exercise this right in a manner consistent with our business practices and obligations.

8.7. In the event that an End User requests a refund from WeGoTrip for defective Content, WeGoTrip shall have sole discretion in determining whether a refund will be granted. If the complaints raised by the End User are deemed valid, no compensation shall be paid to the Content Provider for the defective Content. If any compensation has already been paid, the Content Provider shall be obligated to reimburse the funds received from the sale of the defective Content, including the commission paid to WeGoTrip’s related entity or third-party service provider involved in the sale of the Content.

If the Content Provider either (a) changes any element of the Content or (b) cancels a Content or no longer makes a Content available to an End User in each case after an End User has booked (purchased) the Content but before such an End User has started to receive the Content, the Content Provider will offer such End User an alternative Content of the same or higher quality as the Content originally booked and/or otherwise accommodate such End User to the End User’s reasonable satisfaction. If an End User cannot be accommodated to the End User’s reasonable satisfaction, the Content Provider agrees that the End User may cancel its booking and WeGoTrip may process a refund or refunds for that End User. In this situation, the Content Provider shall not be owed (and WeGoTrip shall not be obligated to pay) any amount(s) for that Content, and any amount(s) already paid for such Content may be adjusted on any subsequent payment owed by WeGoTrip. WeGoTrip reserves the right to charge the Content Provider reasonable fees related to the foregoing.

8.8. WeGoTrip shall provide the Content Provider with statistical reports and information about the revenue received by WeGoTrip from payments made by the End Users of the Content in real-time in the Account of the Content Provider.

8.9. In the event that you have an outstanding payment obligation to us for any reason, we reserve the right to offset such payment obligation against any payment obligations we may have to you.

8.10. You acknowledge and agree that any shortfall or loss of fee on your Content resulting from the conversion of payments into another currency and/or currency fluctuations shall be at your sole risk and expense. We shall not be liable for any such shortfall or loss, and you shall bear any associated costs or losses incurred as a result of currency conversion or fluctuations. It is your responsibility to monitor and manage any currency-related risks associated with your Content payments.

8.11. Payments from your income must be claimed within 24 (twenty-four) months of the sale of the Content. Any payments not claimed within the specified 24-month period shall be deemed void and will not be eligible for further processing or disbursement.

8.12. It is hereby acknowledged that you have the option to act as a Partner and independently promote your Content within the WeGoTrip Service. In the event that you choose to promote your Content as a Partner, you shall be entitled to receive an additional fee as per the terms and conditions outlined in the agreements with the Partners.

8.13. The Content Provider shall assume sole responsibility and liability for filing all tax information reports (returns, declarations) required to be filed as a result of the provided Content under applicable legislation.

8.14. In accordance with applicable laws and regulations, WeGoTrip shall have the right to deduct and withhold from any payments due to the Content Provider, all taxes, duties, or other charges that are required to be withheld or deducted by law. WeGoTrip shall make such deductions or withholdings as may be necessary to comply with its tax obligations and shall remit the withheld amounts to the appropriate tax authorities on behalf of the receiving party. WeGoTrip shall provide the receiving party with relevant documentation and evidence of any such deductions or withholdings as may be required by applicable laws. The net amount, after the deduction of taxes, shall constitute full and final payment to the Content Provider, and WeGoTrip shall have no further liability or obligation in respect of the deducted amounts.

8.15. If the End User requests an invoice the Content Provider shall provide it as WeGoTrip acts as an agent between the Content Provider and the End User, and cannot provide it. The Content Provider is the renderer of service to the End User and it shall be the Content Provider’s responsibility to provide the End User with an invoice. The invoice must comply with all applicable tax requirements.

9. Representations and Warranties
9.1. You warrant that:

9.1.1. you have full legal power and authority to make the Content available through the WeGoTrip Service and to grant a licence as set out in article 6.3;

9.1.2. your use of the WeGoTrip Service complies with all laws and regulations of the jurisdiction of your residence/incorporation/domicile or jurisdiction in which you create the Content;

9.1.3. you are the sole owner of the (Intellectual Property Rights to) Content and/or you have obtained valid licences (permissions, reliefs, etc.) from third parties to provide the Content through the WeGoTrip Service and to grant the licence as set out in Article 6.3;

9.1.4. the Content does not violate applicable laws, the copyrights, privacy rights, publicity rights, trademark rights, contract rights or other rights of any person;

9.1.5. the Content does not infringe the rights of third parties, including Intellectual Property Rights, and the use of the Content is not otherwise unlawful towards third parties;

9.1.6. you will not enter into or enter into any agreement with any third party which may result in a breach or default under these licence conditions.
9.2. You agree to indemnify, defend and hold harmless WeGoTrip, its successors, affiliates, agents, directors, officers, employees and shareholders against any claims, actions, litigation, damages, liabilities, losses, costs and expenses, including reasonable attorneys' fees and other legal fees, arising out of (i) any breach by you of these Terms or any other agreement between you and us, (ii) any third party claims of (alleged) infringement by you of the Intellectual Property Rights. WeGoTrip will provide you with written notice of any such claims, suits, proceedings, damages, liabilities, losses, costs and/or expenses. You must cooperate as fully as necessary to defend any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

9.3. You agree to pay all royalties, fees and any other monies owing to any person by reason of the Content uploaded, displayed or otherwise provided by you. You agree that WeGoTrip shall not be held responsible for any violations of any third-party copyrights, privacy rights, publicity rights, trademark rights, contract rights or any Intellectual Property Rights or other rights of any person related to the Content that you submit.
10. Liability
10.1. Your use of the WeGoTrip Service is at your own risk, which means that WeGoTrip, to the extent permitted by mandatory law, cannot be held liable for any damage which you incur as a result of using the WeGoTrip Service.

10.2. If we have made a mistake or done something illegal and WeGoTrip is nevertheless liable to you, liability will at all times be limited to direct damages and to an absolute maximum of 1000 (one thousand) euros per event (a sequence of events will be regarded as one event).

10.3. Direct damage shall be understood to refer exclusively to direct damage:
10.3.1. damage to property;

10.3.2. reasonable costs incurred to prevent or limit direct damage that could reasonably be expected to result from the event on which liability is based;

10.3.3. reasonable costs incurred to determine direct damages and liability.

10.4. Any liability of WeGoTrip for damage other than direct damage ("consequential damage") including, but not limited to, indirect damage, loss of and/or damage to data, loss of profit, loss of reputation, or loss of sales is excluded.

10.5. The limitations and exclusions of liability referred to in the foregoing paragraphs of this clause shall not apply if and insofar as the damage is the result of wilful or intentional negligence on the part of WeGoTrip.

10.6. The existence of any right to compensation shall always be subject to the Content Provider informing us in writing as soon as possible after it becomes aware of the damage. Any claim for damages against WeGoTrip shall lapse only after twelve months have elapsed from the date on which the first damage occurred.
11. Force majeure
11.1. WeGoTrip shall be in default if its failure to perform any obligation under these Terms is caused solely by supervening conditions beyond its reasonable control, including acts of God, civil commotion, war, strikes, labour disputes, third-party Internet service interruptions or slowdowns, vandalism or "hacker" attacks, acts of terrorism or governmental demands or requirements.
12. Commitment rights
12.1. WeGoTrip reserves the right to monitor the Content and to take appropriate action, including removing the Content from our platform, if we are notified or otherwise determine that the Content infringes the rights of third parties or is illegal. In such an event, we will not be liable to the Content Provider who created the Content. For more information, please see our notice and takedown procedure, which sets out the process we administer in response to court orders or allegations that Content is illegal, or to complaints regarding certain Content.
13. Terms and conditions for termination
13.1. The agreement between you and WeGoTrip shall take effect from the moment you create an Account and accept these Terms and shall remain in force until terminated in accordance with this section.

13.2. Each party may decide to terminate the agreement:
13.2.1. damage to property;

13.2.2. if the other party makes a general assignment for the benefit of its creditors, files a voluntary bankruptcy petition, suffers or authorises the appointment of a receiver for its business or assets or becomes subject to any proceedings under any domestic or foreign bankruptcy or insolvency law which are not revoked within 60 (sixty) days from the date of the petition;

13.2.3. without giving a reason at any time at least 30 (thirty) days notice in writing.
13.3. We have the right to immediately terminate the agreement and remove the Content and/or block the Account of the Content Provider if (i) this is in accordance with our notification and the procedure for terminating the Terms, (ii) WeGoTrip and/or the Partner receives notice or becomes aware that the Content infringes or infringes the Intellectual Property Rights of a third party, and/or (iii) Article 5.5 applies.

13.4. In the event of termination for any reason:
13.4.1. damage to property;

13.4.2. the Content must be completely deleted at the end of the validity period;

13.4.3. point 5.5 continues to apply.

14. Communications
14.1. Any notice (including, without limitation, any notification or response to such notification) shall be given to WeGoTrip by using the following addresses:
14.1.1. WeGoTrip: support@wegotrip.com;

14.1.2. the Content Provider: e-mail address provided by the Content Provider when registering the Account and/or the email of the contact person as described in these Terms.
14.2.The parties agree to use the emails while delivering documents, notices or claims. The parties confirm that documents, notices and claims sent from and to the emails designated hereunder shall have a legal effect and are to be accepted and considered by the parties. The parties confirm that all emails sent from the authorised email addresses are deemed to be sent and signed by the parties. In addition, the parties agreed that a signature transmitted by facsimile or via email (in scanned format) shall be deemed to be an original signature.

14.3. Until one party advises the other one of the fact of the breach of security in respect of its authorised email address, all actions and documents done and sent from the authorised email address of one of the parties, even if these actions and documents have been done and sent by third parties, are considered to be done and sent by the owner of the authorised email address as well as considered to be signed by the electronic signature of the corresponding party. In that case, the owner of the authorised email address acquires all rights and incurs all obligations, as well as bears the liability arising out of these facts.
15. Miscellaneous
15.1. The Content Provider shall not assign the rights and obligations under these Terms, any rights or licences granted in these Terms to others without WeGoTrip’s prior written consent. WeGoTrip may assign the rights and obligations under these Terms without the Content Provider’s consent or any other restriction. If WeGoTrip makes an assignment, WeGoTrip shall provide reasonable notice to the Content Provider. If you do not consent to such an assignment, you must terminate your use of the WeGoTrip Service and close your Account.

15.2. Any dispute, claim or controversy arising out of or relating to these Terms, or the breach, termination or validity thereof, are governed by the laws of the Republic of Estonia without regard to its principles and rules on conflict of laws and shall be solved by the relevant court of the Republic of Estonia.

15.3. The parties have agreed to exclude the application of §§ 580-618 of the Estonian Law of Obligations Act (in Estonian: võlaõigusseadus) to the relationship of the parties created under these Terms. The rights and obligations of the parties hereunder shall be several and not joint.
2. Main terms
2.1. User uses the Service at his sole risk. The service is provided “as is” and “what is available at the moment”. WeGoTrip does not guarantee that the Service meets the goals and requirements of the User.
2.2. The use of the Service is prohibited for people under the age of 16 (sixteen) years.
2.3. Violation by the User of the clauses of the Agreement, as well as their failure to comply, may lead to immediate blocking or deletion of the account without prior notice.
2.4. User is fully responsible for the published Content, personal data and any actions performed under his account (even if these actions are performed without user’s knowledge by persons having access to his account).
2.5. WeGoTrip reserves the right, unilaterally, at its discretion and at any time, to refuse to use the Service to User, to delete all Content downloaded by the User, or part of it, as well as other Information and/or User account, block it without notice.
2.6. WeGoTrip reserves the right to release updates to the Applications that will supplement, modify, add or remove the functionality of the provided Service. Updates are made automatically, including without prior notice.
2.7. WeGoTrip reserves the right to change the services provided and prices for them (including monthly tariff plans) at any time and at its sole discretion, without prior notice.
2.8. WeGoTrip is not responsible to anyone for any modification, price change, suspension, or complete cessation of service.
2.9. Support is available using any of the methods listed on the “Contacts” page located at Site.
2.10. WeGoTrip is in no way connected with the Content provided and published by Users on the Service, and does not pre-moderate the information they add, but reserves the right to refuse to publish any content unilaterally.
2.11. When using the Service, third-party products and programs are used, including software and hardware of third parties and organizations.
3. Use of the service
3.1. Registration of an account in Service is done independently by the User. Registration of accounts by robots (“bots”) or any other automatic methods is prohibited.
3.2. To complete the registration process, User must provide all necessary information.
3.3. User is solely responsible for maintaining the confidentiality and security of your account, as well as for the safety of your password. In the event that User fails to comply with generally accepted security standards, WeGoTrip cannot and will not be responsible for losing data or hacking User’s account.
3.4. To delete an account, User should send the corresponding request to support on the “Contacts” page. After deletion, all personal data associated with it will be deleted, but some downloaded Content may be left behind. This operation is not reversible.
3.5. When using the Applications, User expressly agrees to view, create and/or buy Tour for various operating systems, including mobile, even if platforms or operating systems are no longer available today.
3.6. All prices in Applications are not including any tax charges or other tax payment obligations.
3.7. All expenses (including tax) related to the use of the Service are borne by the User independently.
3.8. The Service provides tools to notify and assist in delivering the Tour to the device to the User’s Application for whom it is intended, however, WeGoTrip does not guarantee its receipt and passage due to human factors or other unforeseen events that are not dependent on WeGoTrip.
4. Restrictions of the use
4.1. WeGoTrip disclaims any express or implied warranty and does not guarantee the following:
  1. The service fully meets User’s requirements and expectations at the moment and will meet them in the future;
  2. the operation of the Service and maintenance will be continuous, timely, fast, safe and/or error-free;
  3. the results obtained using the Service will fully comply with User’s ideas, will be accurate and reliable and can be used in any capacity;
  4. the quality of any products or services purchased or obtained in other ways with the help of our Service will meet User’s ideas or expectations;
  5. any error of the Service will be corrected.
4.2. User understands and agrees that WeGoTrip is not responsible for any direct, indirect, unforeseen, special, consecutive losses, damages or penalties, including losses for loss of profits, business reputation, unauthorized access, data loss or other losses (even if WeGoTrip has been warned of such damages), including:
  1. use or inability to use the Service;
  2. the cost of purchased goods and services derived from any other goods, services or information purchased, received or transferred through the Service;
  3. unauthorized access or modification of User’s data;
  4. complaints of third parties on the maintenance and operation of the Service;
  5. the content of information published by Users;
  6. any other question regarding the maintenance and operation of the Service.
4.3. When using the Service, the User may not:
  1. upload, send, post and / or disseminate information that is illegal, harmful, defamatory, discriminatory on racial, ethnic, national, age, sexual, religious or other grounds, demonstrating or promoting violence and cruelty, violating intellectual property rights containing insults to any persons (including death threats or revenge), containing elements of pornography, advertising of sexual services, descriptions of the process and time production of drugs or explosives, as well as weapons;
  2. violate the rights of third parties, including minors, and/or commit a physical act against them and/or harm them in any other form;
  3. impersonate others without sufficient rights, as well as mislead users regarding any objects, subjects or their properties;
  4. create similar Applications in order to mislead individuals that an external resource is associated with or is the Service;
  5. upload, publish, post, transmit spam, schemes of various “pyramids” (including financial ones) and network marketing, personal information of Users, internet earning systems using electronic means of information transmission or the Service, as well as use the Service to participate in these events;
  6. disrupt the normal operation of the Service and its Applications;
  7. violate the laws of User’s place of stay (including copyright laws and any other legislation), as well as international law.
4.4. In the event of complaints or claims of insults, bodily harm (including death), copyright infringement, fraud or trademark infringement through the creation and / or use of any Applications created using the Service, as well as in any other case when bringing WeGoTrip to liability or imposing a penalty in connection with the violation by the User of the clauses of the Agreement, User bears all expenses for compensation of harm and damages of WeGoTrip, its divisions and branches, employees, other Users and any other third parties.
5. Intellectual rights
5.1. WeGoTrip is in no way associated with the Content provided and published by the Users in the Application and does not imply any intellectual property rights that User uses in the course of working with the Service unless this information is directly in WeGoTrip intellectual property.
5.2. All objects used in the operation of the Service, including texts, graphics, audio and video materials, computer programs or their parts, databases are subject to the exclusive rights of WeGoTrip, Users and other copyright holders.
5.3. The rights to the appearance, design, functionality and code of the Service and Applications are fully owned by WeGoTrip.
5.4. User agrees not to copy, sell, resell, exploit, decompile, modify, distribute or publicly display any Content hosted on the Service, any functional part of the Service, as well as the Applications included in the Service, design elements, computer programs and databases without the written permission of WeGoTrip.
5.5. When a User adds Content (including when creating and/or publishing a Tour), User grants to WeGoTrip the right to use it for the entire duration of the exclusive rights to intellectual property or to protect non-property rights to this Content for use in all countries of the world.
5.6. Within the framework of the simple (non-exclusive) license provided in p.5.4 WeGoTrip, the use of the Content is permitted at any time, without prior notice and at its discretion, and the following actions are taken on it:
  1. to reproduce Content, i.e. make the production of one or more copies of the Content in any material form, as well as its recording in the memory of an electronic device (the right of reproduction);
  2. to distribute copies of the Content, i.e. provide access to the Content reproduced in any form, including online and other means, as well as by selling, renting, renting, lending, including importing for any of these purposes (distribution right);
  3. to publicly show Content (the right to public display);
  4. to publicly perform the Content (the right to public performance);
  5. to report the Content in such a way that any person can access it online from anywhere and at any time of his choice (the right to be made public);
  6. to modify Content, i.e. to redo or otherwise process the Content, including the translation of the Content from one language to another (the right of processing);
  7. the right to transfer all or part of the rights obtained to third parties (the right to sub-licensing).
5.7. User acknowledges that he has the right to use the uploaded information, publish and distribute it through the Service, and User is solely responsible for observing and paying in time any licenses and copyrights to intellectual property if any.
5.8. User agrees that other Users will be able to view the Content published by User and distribute information about what is posted.
5.9. If a violation is found of any clause of the Agreement when working with the Service, notify WeGoTrip with the following information:
  1. the indication of the item (s) that is violated;
  2. the indication of the location and/or hypertext link to the page with the violation.
5.10. In case of a copyright infringement when working with the Service, notify WeGoTrip with the following information:
  1. a detailed description of the product, work or any other intellectual property whose rights have been violated;
  2. an indication of the location and/or hypertext link to the product, work, or any other intellectual property page whose rights have been violated;
  3. any evidence that the information was used unlawfully, including a statement from the copyright holder, its representatives, or representatives of official authorities;
  4. Your statement (you are also fully responsible for perjury) that the information on the violation of the intellectual property rights is genuine, and you are the copyright owner or his representative;
  5. Your electronic or regular signature, name, address, telephone number and email address.
6. Final provisions
6.1. If for any reason any of the clauses of this document is deemed impracticable or unenforceable, it should be removed from the current document, as well as all its versions. This does not affect the validity of the other clauses of the Agreement.
6.2. In accordance with this Agreement, WeGoTrip shall not be liable for failure to fulfill its obligations in connection with a fire, flood, earthquake, as well as other natural disasters, wars, civil unrest, terrorism, lack of Internet, government acts or court rulings, the introduction state of emergency, strikes and labor disputes or any other events that are not within the competence of WeGoTrip and do not go beyond what is reasonable.
6.3. The lack of action in relation to the User in case of violation by him or another User of the clauses of the Agreement does not deprive WeGoTrip of the right to take appropriate actions in the future.
6.4. All disputes under the Agreement shall be considered in court at the location of WeGoTrip in accordance with the applicable procedural law of Estonia.
Additional terms of service use:
  1. You must be 10 years old so that you can use our Service.
  2. WeGoTrip is in no way associated with the Content provided and published by the Users in the Application and does not imply any intellectual property rights that you use in the course of working with the Service unless this information is directly in WeGoTrip intellectual property.
  3. Any Tours created using the Service must be created of their own free will.
  4. Tours purchased through the iTunes Store should not be presented to other users.
  5. Tours purchased in Mobile application or on Site are for 2 Activations.