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    Rising Tide AIRising Tide AI

    Buoy Terms of Service

    Rising Tide AI, Inc.

    Last updated: May 2026

    1. Acceptance of Terms

    These Terms of Service ("Terms") form a binding agreement between Rising Tide AI, Inc., a Delaware corporation ("Rising Tide AI," "we," "us," or "our"), and you or the entity you represent ("Customer" or "you"). By accessing rtideai.com (the "Website"), creating an account, or using our software-as-a-service platform and related services (collectively, the "Service"), you agree to these Terms.

    If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not have such authority, or if you do not agree, do not use the Service.

    2. Eligibility

    You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is intended for business use by tour and activity operators and their authorized personnel.

    3. Accounts and Authorized Users

    To access most features, you must register for an account. You agree to:

    • Provide accurate, current, and complete registration information
    • Maintain the confidentiality of your credentials
    • Promptly notify us of any unauthorized access or security incident
    • Be responsible for all activities under your account, including those of authorized users

    You may permit employees, contractors, or agents ("Authorized Users") to access the Service on your behalf. You are responsible for their compliance with these Terms.

    4. Subscription, Fees, and Payment

    Access to the Service is provided under the subscription plan, order form, or written agreement between you and Rising Tide AI. Unless otherwise stated:

    • Fees are billed in advance and are non-refundable except as required by law
    • All fees are exclusive of taxes, which are your responsibility
    • Subscriptions automatically renew for successive terms unless canceled before the renewal date
    • We may change pricing for renewal terms with reasonable advance notice
    • Late payments may incur interest and may result in suspension of the Service

    5. The Service

    5.1 Description

    Rising Tide AI provides AI-powered dynamic pricing recommendations and related analytics for tour and activity operators. The Service integrates with third-party booking platforms (such as Rezdy, FareHarbor, FireKnife, Bokun, Peek, and Checkfront) at your direction.

    5.2 Recommendations Are Not Guarantees

    Pricing outputs from the Service are recommendations based on data and models. They are decision-support tools and not guarantees of revenue, bookings, conversion, or other commercial outcomes. You are solely responsible for the prices you set, publish, and charge to consumers, and for compliance with applicable laws (including consumer protection, advertising, and pricing display laws).

    5.3 Updates and Changes

    We may modify, update, or discontinue features of the Service. We will use reasonable efforts to notify you of material adverse changes.

    6. Customer Data

    6.1 Definition

    "Customer Data" means data, content, and information you or your Authorized Users submit to the Service or that the Service ingests from systems you authorize (such as connected booking platforms).

    6.2 Ownership

    As between the parties, you retain all rights, title, and interest in Customer Data. You grant Rising Tide AI a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and use Customer Data to provide and improve the Service, to develop and train pricing models, to produce de-identified or aggregated analytics, and to comply with law.

    6.3 Your Responsibilities

    You represent and warrant that:

    • You have all necessary rights and consents to provide Customer Data to the Service
    • Customer Data does not violate any law or third-party rights
    • You will comply with applicable privacy laws regarding any personal information included in Customer Data

    6.4 Privacy

    Our collection and use of personal information is governed by our Privacy Policy. Where Rising Tide AI processes personal information on your behalf as a processor or service provider, the parties' data protection terms (or our Data Processing Addendum, where applicable) apply.

    7. Acceptable Use

    You agree not to, and not to permit any third party to:

    • Use the Service in violation of law or third-party rights
    • Reverse engineer, decompile, or disassemble the Service, except to the extent expressly permitted by law
    • Copy, resell, sublicense, rent, or lease the Service
    • Probe, scan, or test the vulnerability of the Service or circumvent any security controls
    • Use the Service to send spam or transmit malware
    • Access the Service to build a competing product or to benchmark for a competing product
    • Interfere with the proper operation of the Service or other users' use of it
    • Submit data you do not have the right to submit

    8. Third-Party Integrations

    The Service may interoperate with third-party services such as booking platforms, analytics tools, and payment processors. Your use of those services is governed by their own terms. Rising Tide AI is not responsible for third-party services and does not guarantee their availability, accuracy, or security. If a third-party service changes or terminates its API or integration, related Service functionality may be affected.

    9. Intellectual Property

    Rising Tide AI and its licensors own all rights in the Service, including all software, models, algorithms, interfaces, content, trademarks, and documentation. Subject to these Terms and your payment of fees, Rising Tide AI grants you a limited, non-exclusive, non-transferable, revocable license during the subscription term to access and use the Service for your internal business purposes.

    We welcome feedback. If you submit suggestions or feedback, you grant Rising Tide AI a perpetual, irrevocable, royalty-free license to use it without restriction.

    10. Confidentiality

    Each party may receive non-public information of the other party ("Confidential Information"). Each party agrees to protect the other's Confidential Information using at least the same care it uses to protect its own confidential information of similar importance, and not less than reasonable care, and to use it only as needed to perform under or exercise rights under these Terms.

    11. Term and Termination

    11.1 Term

    These Terms apply from the date you first accept them and continue until your subscription is terminated.

    11.2 Termination for Convenience

    You may cancel your subscription at any time through your account or by contacting aloha@rtide.ai, effective at the end of the then-current billing period unless otherwise stated in your order form.

    11.3 Termination for Cause

    Either party may terminate for material breach if the breach is not cured within 30 days of written notice. We may suspend or terminate your access immediately if you violate Section 7 (Acceptable Use), fail to pay, or cause a security or legal risk to the Service or other users.

    11.4 Effect of Termination

    Upon termination, your right to use the Service ends. We will make Customer Data available for export for 30 days after termination, after which we may delete it. Sections that by their nature should survive (including 6, 9, 10, 12, 13, 14, 15, and 17) will survive termination.

    12. Disclaimers

    THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, RISINGTIDEAI DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

    WITHOUT LIMITING THE FOREGOING, RISINGTIDEAI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT PRICING RECOMMENDATIONS WILL ACHIEVE ANY PARTICULAR FINANCIAL OR BUSINESS OUTCOME.

    13. Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO RISINGTIDEAI FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

    THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

    14. Indemnification

    You agree to defend, indemnify, and hold harmless Rising Tide AI and its officers, directors, employees, and agents from any third-party claim, loss, or expense (including reasonable attorneys' fees) arising out of: (a) your or your Authorized Users' use of the Service in violation of these Terms; (b) Customer Data or your provision of it; (c) your violation of law; or (d) prices you set, publish, or charge to consumers.

    15. Governing Law and Dispute Resolution

    These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. The parties agree that any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Delaware, and each party consents to personal jurisdiction and venue there. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

    16. Modifications

    We may update these Terms from time to time. The "Last Updated" date at the top reflects the most recent revision. Material changes will be communicated through the Service, by email, or by posting a prominent notice on the Website. Continued use after the effective date constitutes acceptance of the updated Terms.

    17. General

    • Entire Agreement: These Terms, together with any order form, addendum, or policy referenced here (including the Privacy Policy), constitute the entire agreement between the parties regarding the Service.
    • Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
    • Severability: If any provision is held unenforceable, the remaining provisions remain in effect.
    • Waiver: A failure to enforce a right is not a waiver.
    • Force Majeure: Neither party is liable for delay or failure due to events beyond its reasonable control.
    • Independent Contractors: The parties are independent contractors. These Terms do not create an agency, partnership, or joint venture.
    • Notices: Notices to Rising Tide AI should be sent to aloha@rtide.ai. We may notify you through the Service or at the email address on your account.

    18. Contact

    Questions about these Terms?

    Rising Tide AI, Inc.

    Email: aloha@rtide.ai

    Website: https://www.rtide.ai