1. Acceptance & parties
These Terms of Service (the “Terms”) form a binding agreement between MB Travel Solutions, a company organised under the laws of the Republic of Lithuania, registered office at V. Nagevičiaus g. 3, LT-08237 Vilnius, company code 306998943 (“Deer Track”, “we”, “us”), and the entity or individual who registers for or uses the Service (“Customer”, “you”).
By clicking “I accept”, signing an Order Form, or accessing the Service, you accept these Terms. If you are accepting on behalf of an organisation, you represent that you have authority to bind it.
2. Definitions
- Service — the Deer Track tour-building software platform, including the web application, APIs, mobile clients, documentation and related services.
- Order Form — any document or online checkout process specifying the subscription plan, seats, term, and fees.
- Customer Data — content and data submitted to the Service by you or on your behalf, including itineraries, supplier records, client lists, files and Traveller Data.
- Traveller — an end customer or traveller of yours whose personal data you upload to or process via the Service.
- Traveller Data — personal data relating to Travellers (e.g., names, contact details, travel dates, passport information you choose to upload).
- Authorised User — your employee or contractor whom you allow to use the Service under your account.
- DPA — the Data Processing Addendum, incorporated into these Terms by reference.
- Documentation — the technical and product documentation we publish for the Service.
3. Account & eligibility
The Service is intended for use by businesses and travel professionals aged 18 or older. You must provide accurate registration information and keep it up to date. You are responsible for the security of your credentials and for all activity that occurs under your account.
You must notify us promptly at security@deertrack.net of any suspected unauthorised access.
4. Subscription, trial & renewal
Subscriptions are sold on the plans described on our pricing page or in an Order Form.
4.1 Trial
A 14-day trial includes the features of the Studio plan. Unless you select a paid plan during or before the trial ends, your account automatically moves to the Solo plan and applicable fees begin.
4.2 Renewal
Paid subscriptions renew automatically for successive periods equal to the then-current term, at the then-current list price, unless either party gives notice of non-renewal at least 30 days before the end of the current term. You may cancel renewal at any time from your account settings.
4.3 Seats
You may add seats during the term; additional seats are pro-rated. Seat reductions take effect at the next renewal.
5. Fees, taxes & payment
Fees are stated in USD and exclude VAT and other applicable taxes, which will be added where required. Payments are processed by Stripe Payments Europe, Limited (see Subprocessors). Invoices are due on receipt unless otherwise stated. Late amounts may accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.
Except as required by applicable consumer-protection laws or expressly stated in these Terms, fees are non-refundable. If you are an EU consumer with statutory withdrawal rights, those rights are not affected by this section.
6. Licence & access
Subject to your compliance with these Terms and timely payment of fees, we grant you a non-exclusive, non-transferable, non-sublicensable, worldwide right during the term to access and use the Service for your internal business operations, in accordance with the Documentation and the limits of your plan.
7. Acceptable use
You must not, and must not allow any Authorised User or third party to:
- reverse engineer, decompile or attempt to derive source code of the Service, except to the extent such restriction is prohibited by law;
- access the Service to build a competing product, or to benchmark it without our prior written consent;
- upload malware, attempt to overload the Service, or interfere with its security or integrity;
- use the Service to process data unlawfully, or in violation of any third party’s rights;
- resell, rent, sublicense, or provide the Service to third parties outside the scope of your subscription;
- circumvent usage limits, seat caps, or rate limits;
- scrape, crawl, or harvest data from the Service except via our published APIs and within their terms.
8. Customer Data & Traveller Data
8.1 Ownership
As between the parties, Customer Data is owned by you. You grant us a limited licence to host, process, transmit, and display Customer Data solely to provide, secure, and improve the Service and to comply with law.
8.2 Traveller Data
You are responsible for ensuring that you have a lawful basis to collect and share Traveller Data with us (including any sensitive data such as passport details or dietary requirements), and for providing any required notices to Travellers. We process Traveller Data on your behalf as a processor; see the DPA.
8.3 Export
During the term you may export Customer Data using the in-product export tools or API. For 30 days after termination we will, on request, make Customer Data available for export; after that period we may delete it in accordance with the DPA.
8.4 Aggregated data
We may generate aggregated and de-identified data from your use of the Service (data that cannot reasonably be used to identify you, an Authorised User, or any Traveller) and use it to operate, secure and improve our services.
9. Third-party services
The Service may integrate with third-party products and services (e.g., payment processors, GDS, accounting tools). Your use of those services is governed by their own terms. We are not responsible for third-party services, and your decision to enable them is at your own risk. Disabling a third-party integration may impair Service functionality.
10. Confidentiality
Each party may receive non-public information of the other party marked or reasonably understood to be confidential (“Confidential Information”). The receiving party will use the same degree of care it uses to protect its own confidential information, and not less than reasonable care, and will use Confidential Information only as needed to exercise its rights and perform its obligations under these Terms. These obligations do not apply to information that is public, independently developed, lawfully received from a third party without restriction, or required to be disclosed by law (in which case the receiving party will give prompt notice where lawful).
11. Intellectual property
We retain all right, title, and interest in and to the Service, Documentation, and all related intellectual property. You retain all right, title, and interest in and to Customer Data. If you provide us with suggestions or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback without obligation.
12. Service availability
We aim to provide a reliable Service. Where a Service Level Agreement (“SLA”) is offered for your plan or included in an Order Form, the SLA defines availability targets and any service credits. Scheduled maintenance, force majeure events, and issues caused by your systems or third-party services are excluded from availability calculations.
13. Warranties & disclaimers
We warrant that the Service will perform materially in accordance with the Documentation. Your exclusive remedy and our entire liability for breach of this warranty is, at our option, to correct the non-conformity or terminate the affected portion of the Service and refund pre-paid, unused fees.
EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. Nothing in these Terms excludes warranties or rights that cannot be excluded under applicable consumer-protection law.
14. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility of such damages.
Each party’s aggregate liability arising out of or related to these Terms will not exceed the fees paid or payable by you to us in the 12 months preceding the event giving rise to the claim.
These limitations do not apply to (a) either party’s indemnification obligations; (b) breaches of the Acceptable Use section; (c) your payment obligations; or (d) liability that cannot be excluded or limited under applicable law.
15. Indemnification
15.1 By us
We will defend you against any third-party claim alleging that the Service, used in accordance with these Terms, infringes that third party’s intellectual-property rights, and will pay damages finally awarded against you (or amounts in a settlement we approve). If the Service becomes, or in our reasonable opinion may become, the subject of such a claim, we may at our option modify the Service, obtain a licence for continued use, or terminate the affected portion and refund pre-paid, unused fees.
15.2 By you
You will defend us against any third-party claim arising out of (a) Customer Data, including Traveller Data; (b) your breach of the Acceptable Use section; or (c) your violation of applicable law, and will pay damages finally awarded or amounts in a settlement you approve.
15.3 Process
The indemnified party must promptly notify the indemnifying party, give it sole control of the defence and settlement (provided no settlement may impose obligations on the indemnified party without consent), and provide reasonable cooperation.
16. Term, suspension & termination
These Terms remain in effect for as long as you have an active subscription. Either party may terminate for material breach if the breach is not cured within 30 days of written notice. We may suspend access immediately if your use poses a security risk, violates the Acceptable Use section, exposes us to legal liability, or if fees are more than 30 days past due. On termination, your right to access the Service ends and the export period in section 8.3 applies.
17. Changes to the Service or Terms
We may modify the Service from time to time. We will not make changes that materially reduce the core functionality of the Service during a paid term. We may update these Terms; we will notify you of material changes by email or in-product notice at least 30 days before they take effect (or as soon as practicable for changes required by law). Continued use after the effective date constitutes acceptance.
18. Governing law & disputes
These Terms are governed by the laws of the Republic of Lithuania, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. The courts of Vilnius city, Lithuania, have exclusive jurisdiction over disputes arising out of or relating to these Terms, except that either party may seek injunctive relief in any competent court.
Nothing in this section limits any mandatory consumer-protection rights you may have in your country of residence.
19. General provisions
- Entire agreement. These Terms, the DPA, and any Order Form constitute the entire agreement between the parties on the subject matter.
- Order of precedence. In case of conflict: Order Form > DPA > these Terms.
- Assignment. Neither party may assign these Terms without the other’s consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
- Severability. If any provision is held unenforceable, the rest remains in effect.
- No waiver. Failure to enforce a provision is not a waiver of it.
- No third-party beneficiaries. These Terms do not create third-party beneficiary rights.
- Notices. Notices to us must be sent to legal@deertrack.net. Notices to you may be sent to the email on file or via in-product notice.
20. Contact
MB Travel Solutions
V. Nagevičiaus g. 3
LT-08237 Vilnius
Lithuania
Email: legal@deertrack.net