GoSmart Travel Terms of Use

Effective Date: October 14, 2026

Last Updated: October 14, 2026

PLEASE READ THESE TERMS CAREFULLY. SECTION 20 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. BY USING OUR SERVICES, YOU AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT, UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 20.

1. Acceptance of These Terms

These Terms of Use (these "Terms") are a legally binding agreement between you and Smooth Sailing Travel, LLC, a Florida limited liability company doing business as GoSmart Travel ("GoSmart," "we," "us," or "our"). These Terms govern your access to and use of our websites, including app.gosmart.travel and gosmart.travel, our booking engine, our discovery and social features, our AI-assisted tools, and all related applications, content, and services (collectively, the "Services").

By accessing or using the Services, creating an account, making a booking, or clicking to accept these Terms, you agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Services.

If you use the Services on behalf of another person (for example, booking travel for a family member, client, or travel companion), you represent that you have their permission to provide and share their information with us and with Suppliers to fulfill the booking, and you are responsible for their compliance with the parts of these Terms that apply to their travel. A person for whom you book does not become a party to these Terms merely because you book for them.

2. Who We Are

GoSmart Travel is a travel marketplace operated by Smooth Sailing Travel, LLC, PO Box 729, Nokomis, FL 34274, United States. You can reach us at support@gosmart.travel.

Florida Seller of Travel Disclosure: SMOOTH SAILING TRAVEL LLC DBA GOSMART TRAVEL is registered with the State of Florida as a Seller of Travel. Registration No. ST41843. Fla. Seller of Travel Ref. No. ST41843.

3. Eligibility and Accounts

3.1 Age Requirements

You may browse public pages of the Services, such as public share pages and the inspiration feed, without an account. You must be at least 18 years old and able to form a binding contract to create an account or free membership, receive personalized recommendations, upload or post content, save boards, make a booking, or earn referral or creator compensation through the Services. By creating an account or submitting content, you confirm that you are at least 18 years old. The Services are intended for adults; we do not knowingly allow anyone under 18 to create an account, become a member, or submit content, and we do not knowingly collect personal information from anyone under 18. Certain inventory may impose higher age requirements (for example, some resort and vacation-ownership stays require the lead guest to be at least 21 years old); any such requirement will be disclosed in the booking flow and you are responsible for meeting it. Adults may include children as guests on a booking; the adult who makes the booking is responsible for those guests, including their conduct and any content depicting them. Children do not receive accounts or access to social features. When you create an account we ask you to confirm that you are at least 18, and we keep a record of that confirmation.

3.2 Your Account

Some features work without an account (including guest checkout and viewing certain shared pages). Other features, including member pricing, saved boards, trip history, the client portal, and sharing, require you to create an account. When you create an account, whether directly or through a third-party sign-in option, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at support@gosmart.travel if you suspect unauthorized use of your account. We are not liable for losses caused by unauthorized use of your account to the extent caused by your failure to safeguard your credentials.

We may suspend or terminate your account, decline to offer the Services, or cancel bookings we reasonably believe were made fraudulently or in violation of these Terms. You represent that you are not subject to U.S. sanctions or listed on any U.S. government restricted-party or denied-party list, and you may not use the Services to book travel to a destination prohibited by applicable sanctions or export laws.

3.3 Membership Tiers

We may offer different experiences and pricing to guests, registered members, and premium members, and we may add, change, or discontinue membership tiers, benefits, and eligibility criteria at any time. If we offer a paid membership tier, additional terms, pricing, and renewal and cancellation rules will be presented at signup and will form part of these Terms. Promotional codes, credits, and member offers are one-time, non-transferable, may be modified or withdrawn, cannot be combined unless we say so, and have no cash value. If we offer a paid membership that renews automatically, we will present the required consent, renewal reminders, and a simple cancellation method at signup as required by applicable law.

4. Our Role

The Services combine a travel marketplace, where we sell travel provided by Suppliers, with discovery and social features, where members post and share their own content as described in Sections 7 and 9. For some products, such as activities and experiences, dining, tickets, and travel insurance, we do not sell the product at all: we refer you to a third-party provider, the purchase is between you and that provider under its terms, and we may earn a referral fee, as described in Section 15. We also display advertising and sponsored content from brands and partners, as described in Sections 10 and 15. GoSmart sells travel and travel-related services that are provided by independent third parties, including hotels, resorts, accommodation wholesalers, cruise lines, and other travel suppliers (collectively, "Suppliers"). When you book through the Services:

• GoSmart acts as an intermediary and seller of travel. The actual travel services (your stay, cruise, or other travel product) are provided by the Supplier and the property or operator, not by GoSmart.
• Your booking is also subject to the Supplier's and the property's or operator's own terms, conditions, and policies, including check-in requirements, occupancy rules, conduct policies, age requirements, and fees charged at the property. Where those terms are made available to us, we display or link the material ones in the booking flow; you are responsible for reviewing and complying with them.
• GoSmart does not own, operate, manage, or control any hotel, resort, cruise ship, or other travel product, and we are not responsible for the acts, errors, omissions, representations, warranties, or negligence of any Supplier, property, or operator, or for personal injury, death, property damage, or other damages or expenses resulting from them.

Descriptions, photographs, amenity lists, star ratings, and similar content about travel products are provided by Suppliers and other sources. We work to present accurate information, but we do not guarantee that all descriptions, photos, or details are accurate, complete, or current. You assume the risks associated with the destinations and activities you choose, including resorts, water sports, tours, and cruises, which are operated by the Supplier or operator and not by GoSmart. If a Supplier, property, or operator cannot honor a confirmed booking (for example, an overbooking or a walked guest), we will use reasonable efforts to help you obtain a comparable alternative or a refund of the amounts you paid to us, and that is the extent of our responsibility.

5. Pricing

Prices displayed on the Services include our compensation and may differ by customer type (for example, guest, member, or premium member), by when and where you search, and by Supplier. Unless expressly stated otherwise, displayed prices do not include charges collected directly by the property or operator, such as resort fees, local taxes, tourist taxes, incidentals, parking, gratuities, or other pay-at-property charges. Where a Supplier discloses such charges to us, we display them separately before you book; these amounts are estimates, may change, and are payable by you directly to the property or operator. For hotel and accommodation bookings, the total shown at checkout is the room rate plus the taxes and fees we collect; our compensation is included in the rate and is not listed separately. Prices are shown in U.S. dollars.

Travel prices change quickly. A price shown in search results or on a detail page is not guaranteed until your booking is confirmed and payment is authorized. We re-validate price and availability before you pay. If the price changes between your search and checkout, we will show you the updated price before you commit. The total price shown before you pay is the amount GoSmart will charge to your payment method, excluding only charges collected directly by the property or operator that we disclose separately and any optional add-ons you choose; we do not add undisclosed fees at checkout. If you are signed in, the prices, offers, and ordering you see may reflect your membership status and personalization, and this is not additional or hidden pricing.

6. Bookings, Payments, Cancellations, and Refunds

6.1 Booking Confirmation

Your booking is confirmed only when we issue a confirmation with a booking reference. Submitting a booking request or receiving a payment authorization does not by itself guarantee a confirmed reservation. If we cannot confirm your booking with the Supplier after your payment is authorized, we will release or refund your payment in full and notify you.

6.2 Payment

Payments are processed by third-party payment processors. GoSmart does not collect or store your full card number. For hotel and accommodation bookings, GoSmart is the merchant of record: when you check out we may first authorize (hold) the booking amount on your payment method and capture (charge) it once the Supplier confirms your booking. If the booking cannot be confirmed, the authorization is released; your card issuer determines how quickly the released hold disappears from your statement. Your card statement will reflect a GoSmart Travel descriptor for these charges.

For cruises you book online through the Services, the cruise line is the merchant of record. Your card details are entered into a hosted payment field operated by a PCI DSS compliant payment vault and are passed directly to the cruise line, which charges your deposit and later payments under its payment schedule. The card number never touches GoSmart's systems and we do not store it. Those charges appear on your statement from the cruise line, and refunds of cruise fares are issued by the cruise line under its rules. Cruises arranged with a GoSmart travel specialist are paid as your specialist explains.

All charges are in U.S. dollars unless stated otherwise. You represent that you are authorized to use the payment method you provide. We do not keep a card on file for future use unless you ask us to and we obtain your consent to store it.

6.3 Cancellation Policies and Refunds

Each rate has its own cancellation policy, which is set by the Supplier and displayed before you book. By completing a booking you acknowledge and accept the cancellation policy for your rate. Some rates are non-refundable and cannot be cancelled or changed for any refund; these are labeled before you book.

If your rate permits cancellation and you cancel through the Services or by contacting us, any applicable cancellation penalty disclosed to you at the time of cancellation will be deducted, and the balance will be refunded to your original payment method. Refund timing depends on your card issuer. Cancellation cutoffs are based on the timezone stated in the policy (often the property's local time). No-shows, early departures, and unused nights or services are generally not refundable unless the applicable policy says otherwise.

Some trips arranged with the assistance of a GoSmart travel specialist must be cancelled or changed through your specialist rather than self-service; the Services will direct you accordingly.

6.4 Changes and Modifications

Whether a booking can be modified (dates, guests, room type) depends on the Supplier and rate. Some changes can only be made by cancelling (subject to the cancellation policy) and rebooking at current prices. Name changes and voucher or ticket transfers follow the Supplier's rules and may require cancelling and rebooking at current prices.

6.5 Vouchers and Check-In

After a confirmed booking we issue a voucher or confirmation with your booking details. Present it at check-in if requested. You are responsible for meeting the property's or operator's check-in requirements, including presenting valid identification and a payment method for incidentals where required. Keep your voucher link private; anyone with the link may be able to view your booking details.

6.6 Pricing and Description Errors

If an obvious error occurs (including a clearly erroneous price caused by a system, data-feed, or human mistake), we may cancel any affected booking and refund all amounts you paid to us for it, even after a confirmation has been issued. We will notify you promptly and, where possible, offer the opportunity to rebook at the correct price.

6.7 Chargebacks

If you believe a charge is incorrect, please contact us at support@gosmart.travel first so we can investigate and issue any refund that is due. A chargeback is not a cancellation, and Supplier cancellation and fare rules still apply to your booking. If you initiate a chargeback for a charge that was valid under these Terms and the cancellation policy you accepted, or if you file duplicate or abusive disputes, we may suspend your account and seek to recover the amount of the booking and any related fees.

6.8 Travel Documents, Entry Requirements, and Fitness to Travel

You are solely responsible for obtaining and carrying all documents required for your trip, including passports, visas, identification, and health or vaccination documentation, and for complying with the entry, exit, health, and customs requirements of every destination on your itinerary. GoSmart is not liable if you are denied boarding, entry, or check-in because of missing or invalid documentation or failure to meet a requirement. You are also responsible for evaluating your own fitness to travel, including for cruises and other physically demanding travel. GoSmart does not sell travel insurance unless it is expressly offered to you at checkout as a separate, optional product provided by a third party; we recommend that you consider appropriate travel insurance for your trip. Special requests, including accessibility, dietary, or medical-related requests, are passed to the Supplier and are not guaranteed unless the Supplier confirms them. Document rules are set by the carrier, the cruise line, and each destination, not by GoSmart, and they change. We recommend that every traveler, including on cruises, carry a passport valid for at least six months beyond the end of the trip; some cruises that begin and end in the same U.S. port may accept other documents, but a passport is the only document that allows you to fly home from abroad if you must leave a cruise early. Every booking must be made in each traveler's full legal name exactly as it appears on the passport or government-issued ID that will be used for travel; a name that does not match can result in denied boarding or check-in, and corrections follow the Supplier's rules under Section 6.4 and may carry a fee or require cancelling and rebooking.

6.9 Cruises and Specialty Inventory

Cruise bookings and certain other products may follow different booking, deposit, payment-schedule, and cancellation rules set by the cruise line or operator, which will be disclosed in the booking flow or by your GoSmart specialist. Onboard and incidental charges (for example, beverages, excursions, gratuities, casino, and spa) are not included unless expressly stated. Certain resort and vacation-ownership inventory may be non-refundable at booking, may impose minimum age requirements for the lead guest, and may carry additional occupancy and eligibility rules, all as disclosed in the booking flow. Exceeding the permitted occupancy, hosting events, or violating a property's or operator's conduct or house rules may result in removal without refund under the Supplier's policies. Some cruises can be booked directly through the Services, while others are arranged with the assistance of a GoSmart travel specialist; in either case, cruise deposits, payment schedules, and cancellation terms are set by the cruise line, and the cruise line's passenger ticket contract governs your cruise and is incorporated into these Terms by reference. For cruises you book online, you will be asked to accept the cruise line's passenger contract (for Princess Cruises, the Passage Contract) on behalf of every guest in the booking before you pay. That contract is between the guests and the cruise line and is separate from these Terms; we record which version you accepted and when.

6.10 Group Bookings and Multi-Room Bookings

For bookings covering multiple rooms or guests, the person completing the booking is responsible for the accuracy of all guest information provided and represents that they have each guest's permission to share it with us and with the Supplier for fulfillment of the booking. For a group or block booking, the person who completes the booking is responsible for payment and for any cancellation, and a single missed payment or no-show may release rooms or cancel part of the block under the Supplier's rules.

Group trips. Some trips are organized by a group leader (for example a club, an association, or a travel advisor) using group trip pages we provide. The group leader is not an employee or agent of GoSmart. Deposits, payment schedules, cancellation terms, and group perks for a group trip are set by the Supplier and explained on the trip page or by the GoSmart specialist handling the group. Information you give on a group trip sign-up form is shared with the group leader and that specialist to organize the trip.

6.11 Force Majeure

GoSmart is not liable for failures or delays caused by events beyond our reasonable control, including weather, natural disasters, epidemics, government actions, labor disputes, supplier insolvency, war, terrorism, or failures of networks or third-party systems. In such events, refunds remain governed by the applicable rate and Supplier policies and applicable law. An interruption or outage of the Services does not cancel a confirmed Supplier booking, which remains governed by the applicable Supplier and rate policies.

7. Discovery, Boards, Sharing, and Social Features

The Services include discovery and social features, such as an inspiration feed, swipe-based matching, saved boards and collections, trip sharing, travel-personality profiles, comparisons, and public share pages. By using these features you understand and agree that:

• Public share links are public. When you share a board, collection, trip idea, travel-personality card, or similar item using a share link, anyone with the link can view the shared content without logging in, and it may display your first name, profile details you have chosen to share, and the content of the shared item. Search engines and third parties may access public pages.
• Shared content can be interacted with. People you share with (and, for public links, anyone with the link) may be able to react to, swipe on, save, or re-share the content you share.
• Member-to-member sharing. If you send content to another member, it will appear in their account. If you invite someone who is not yet a member by email, we will send them an invitation on your behalf; you represent that you have their permission to provide us their email address for that purpose.
• Personalization. Your activity on discovery features (such as saves, swipes, and views) is used to personalize your experience, as described in our Privacy Policy.
• We may curate, feature, re-rank, or remove content from discovery surfaces at our discretion.

You may not post identifiable images of minors in public share links without authority to do so. You can report content or conduct that violates these Terms using our in-product reporting where available or by contacting support@gosmart.travel.

People shown in your content. Anyone who appears in content you post, whether or not they use the Services, can ask us to remove it or restrict who can see it, as described in our Privacy Policy. We may remove or restrict content on such a request without notice to you and without liability, and your license to us under Section 9.2 does not limit that person's rights. Before you post photos or videos of other people, make sure you have their permission, as Section 9.3 requires.

8. AI-Assisted Features

The Services include AI-assisted features, such as our conversational travel assistant and search guide (currently called Lumi), tools that build trips from confirmations or links you share, ranking and recommendations, and travel-personality cards. When you use these features you are interacting with software, not a person, unless the interface tells you that a GoSmart travel specialist has joined the conversation. For users in the European Economic Area and the United Kingdom, we identify AI-generated or AI-assisted content and tell you when you are dealing with an automated system where applicable law requires.

AI does not create a booking. A suggestion, quote, or itinerary produced by an AI feature is not an offer and does not bind GoSmart or any Supplier. A booking is formed only when we issue a confirmation with a booking reference under Section 6.1, and you remain responsible for reviewing the price, rate rules, and cancellation policy and for completing payment before any booking is made.

AI outputs are generated automatically, may be inaccurate, incomplete, or out of date, and are provided for convenience only. They are not professional, legal, medical, financial, or travel-safety advice, and they do not replace Supplier terms, visa or entry requirements, or travel insurance. Always verify important details, such as prices, dates, policies, and entry requirements, in the booking flow or with official sources before relying on them. Do not enter payment card numbers, passport or other government-ID numbers, or health or medical details into the concierge or chat.

You own the prompts and messages you enter and license them to us as User Content under Section 9. We own the Services, including our models, ranking, system prompts, and the software that generates AI features. AI outputs, such as generated itineraries, personality text, captions, and videos, are provided for your personal trip-planning use; they are not guaranteed to be original or free of others' rights, and, to the extent they are generated by a machine, they may not be protected by copyright, so you should not represent raw AI output as your own original work. How we use your content to train and improve our features, including any opt-out, is described in Section 9 and our Privacy Policy.

You may not use AI features to manipulate or jailbreak the models, to scrape or extract data, to generate deceptive or fraudulent listings, confirmations, prices, or reviews, or for any purpose prohibited by Section 12, and usage limits may apply. Where a GoSmart travel specialist takes over a conversation, the specialist's messages are human communications, not AI outputs.

We may modify, limit, or discontinue AI features at any time.

9. User Content

9.1 What Is User Content

"User Content" means any content you submit, upload, post, share, or otherwise provide through the Services, including photos, videos, reviews, captions, trip notes, board names and descriptions, comments, messages, profile content, and any other material.

9.2 License You Grant Us

You retain ownership of your User Content. You grant GoSmart a non-exclusive, royalty-free, worldwide, transferable, and sublicensable license to host, store, reproduce, modify, adapt, translate, create derivative works of, publicly perform, publicly display, and otherwise use your User Content to operate, provide, secure, personalize, moderate, improve, and promote the Services. Marketing and advertising uses will draw only on User Content you have made public or shared through the Services, and will use your name, username, profile photo, or likeness only to attribute or present that content. To the extent permitted by law, you waive, or agree not to assert, any moral rights in your User Content in connection with these permitted uses. This license includes the right to process and modify your content technically in order to operate the Services, such as resizing and transcoding it, generating captions and descriptions, and, for videos, muting, removing, or replacing an audio track as described in Section 9.6.

This license lasts while your User Content is on the Services and for a limited period afterward to the extent needed for backups, legal or safety holds, and copies that other users saved or re-shared or that were already included in marketing before you deleted the content. When you delete User Content or your account, we stop using it on primary user-facing surfaces and in new marketing within a reasonable time, as described in Section 23 and our Privacy Policy. You are not entitled to any compensation for our use of your User Content under this license.

How we use your User Content to develop, train, and improve our features and models, including which uses rely on aggregated or de-identified data and how you can opt out of the use of your identifiable content, is described in Section 8 and our Privacy Policy.

9.3 Your Responsibilities for User Content

You represent and warrant that: (a) you own your User Content or have all rights, licenses, consents, and releases necessary to grant the license above; (b) your User Content, and our use of it as permitted by these Terms, does not and will not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or other rights, or any law; and (c) any person identifiable in your User Content has consented to its use as described in these Terms.

9.4 Moderation and Removal

We do not pre-screen all User Content and are not responsible for it, but we may (and reserve the right to) review, screen, edit, restrict, refuse, or remove any User Content at any time for any reason, including content we believe violates these Terms or applicable law, without notice or liability. We may also suspend or terminate accounts of repeat infringers or violators. GoSmart provides an interactive computer service; User Content is created by users, not by GoSmart, and our right to moderate or remove content does not make us the publisher or speaker of User Content.

9.5 Feedback

If you send us ideas, suggestions, or feedback about the Services, you agree we may use them without restriction or compensation to you, and they are not confidential.

9.6 Licensed Background Music

Some features let you add background music to videos you create, using a third-party music library that we license (our current provider is Soundstripe). This music is licensed to us, not sold, and remains the property of the provider and its artists. Your use of it is subject to the provider's end-user license terms, which are incorporated into these Terms by reference and which you accept when you add licensed music to your content. You may use a licensed track only as part of the finished video you create and share through the Services (your "Project"), and you may distribute, display, and share that Project through any medium, including reposting it to other platforms and social networks. You may not extract, download, isolate, copy, redistribute, sell, or otherwise use the music as a standalone audio file or separately from your video, and you may not use the music, or any other content from the Services, to train, develop, test, or evaluate any artificial-intelligence or machine-learning system. We may display attribution, such as the track title, artist, and provider, together with your video. Licensed music is made available through our agreement with the provider and may change, and specific tracks may become unavailable, if that agreement changes; we will use commercially reasonable efforts to keep Projects you have already published playable, but we are not responsible for a provider's discontinuation of a track or service.

Audio scanning. We automatically scan the audio of every video uploaded to the Services, using a third-party content-recognition service (currently ACRCloud), to identify recorded music and check that it is licensed for use on the Services. If we cannot verify that the audio is licensed, or a rights holder objects, we may mute, remove, or replace the audio, withhold the video from public view until the issue is resolved, or ask you for evidence of your rights. We may also generate automatic captions and transcripts of your videos for accessibility, search, and moderation.

10. Advertiser and Partner Content

If you are an advertiser, property, brand, tourism organization, or other commercial partner ("Advertiser") that submits or uploads content, offers, media, or listings to the Services ("Advertiser Content"), the following applies in addition to the rest of these Terms and the Business Advertising Terms or other written agreement you accept when your business account or advertising features are activated (which control over these Terms if there is a conflict):

• You grant GoSmart the same license to Advertiser Content as is set out in Section 9.2 for User Content.
• You represent and warrant that your Advertiser Content is accurate and not misleading; complies with all applicable laws, including advertising, consumer-protection, and travel-marketing laws; and does not infringe any third party's rights. You are solely responsible for the claims, prices, and offers in your Advertiser Content and for honoring them.
• We may label, position, rank, restrict, reject, or remove Advertiser Content at our discretion, and placement on the Services does not constitute endorsement by GoSmart.
• Advertisers may receive access to aggregated performance reporting. Advertisers do not receive personal information about users except as described in our Privacy Policy or a separate written agreement.
• Sponsored placements are advertisements. Curated or sponsored posts you purchase are labeled as sponsored on the Services, and we decide how that label appears. A link in your placement that sends users to your own website, ticketing, or booking page leads to a transaction between the user and you under your terms, and you are responsible for that page and that transaction.
• If you add other people to your business account (for example editors, co-owners, or an outside agency), you are responsible for their use of the account and for the content they submit, and each of them must accept these Terms and the Business Advertising Terms.
• Travel advisors and travel agencies may hold business accounts for profile and listing purposes but may not purchase sponsored placements unless we agree in writing.

11. Agents, Affiliates, and Content Creators

The Services may be used by independent travel agents and specialists working with GoSmart, and by affiliates and content creators who share referral links or create content (collectively, "Program Participants").

• Separate agreements control. Participation in any agent, affiliate, or creator program is governed by a separate agreement that you accept before your referral link is activated: for independent agents, your independent contractor agreement and its referral schedule; for creators and affiliates, the Creator and Affiliate Terms. Those agreements cover commissions, payouts, conduct, and termination. If there is a conflict between that agreement and these Terms, the separate agreement controls for program matters. These Terms continue to govern the Program Participant's use of the Services.
• Independent contractors. Program Participants are independent contractors, not employees, partners, or joint venturers of GoSmart, and have no authority to bind GoSmart or make promises on its behalf beyond what their agreement expressly allows.
• Referral links and attribution. If you arrive at the Services through an agent, affiliate, or creator link, that referral may be recorded and associated with your session, account, and bookings so the referring party can be credited, as described in our Privacy Policy. Bookings you make remain between you, GoSmart, and the Supplier.
• Disclosures. Program Participants must comply with all applicable disclosure requirements when promoting the Services, including the FTC's endorsement and testimonial guidelines, and must not make earnings claims, price guarantees, or statements about travel products that GoSmart has not approved.
• Labeling. We may label content or links that are attributed to a creator or affiliate so that users know a commission may be earned.
• Client data. Agents and other Program Participants who access customer information through the Services may use it only to serve those customers through GoSmart and consistent with our Privacy Policy, and must keep it confidential.

12. Acceptable Use

You agree not to, and not to attempt to or help anyone else to:

• Use the Services for any unlawful, fraudulent, or deceptive purpose, including making speculative, false, or fraudulent bookings or bookings in anticipation of demand;
• Access or use the Services to build, benchmark, or train a competing product, or scrape, crawl, harvest, or systematically extract data (including prices, availability, or content) by any automated or manual means without our prior written consent;
• Copy, republish, or redistribute another member’s or creator’s itinerary, trip plan, or shared plan page outside the sharing features we provide, or access share links in bulk or by automated means. A share link is an invitation for the people it is shared with to view the content; it is not consent to indexing, extraction, or republication;
• Circumvent, disable, or interfere with security or access controls, rate limits, or booking limits, or probe or test the vulnerability of any system;
• Reverse engineer, decompile, or disassemble any part of the Services;
• Upload viruses, malware, or other harmful code, or interfere with the integrity or performance of the Services;
• Impersonate any person or entity, misrepresent an affiliation, or use another user's account or credentials;
• Post or share content that is illegal, infringing, defamatory, obscene, sexually exploitative, hateful, harassing, threatening, or that endangers minors, or that violates any person's privacy or publicity rights;
• Post or share content that promotes or facilitates illegal activity, including the sale or use of illegal drugs, illegal weapons, counterfeit goods, or human trafficking;
• Collect, harvest, or disclose personal information about other users, or use information about other users for any purpose other than using the Services as intended;
• Solicit other users for commercial purposes, recruit users to third-party products or services, or divert bookings, customers, or business away from the Services, in each case without our prior written consent;
• Use the Services to send spam or unauthorized commercial communications;
• Resell, sublicense, or commercially exploit the Services or content from the Services, except as expressly permitted in a written agreement with us;
• Use any content from the Services (including images and descriptions) outside the Services without authorization; or
• Create or share deceptive or fraudulent travel content, such as fabricated booking confirmations, fake member or discount rates, fake reviews, or listings you are not authorized to post; post non-consensual intimate imagery; or impersonate a hotel, cruise line, travel advisor, or GoSmart.

We may investigate violations, throttle or block activity, remove content, cancel bookings made in violation of this section, suspend or terminate accounts, and cooperate with law enforcement. We may also block, restrict, or rate-limit automated agents, crawlers, and other non-human traffic at any time, with or without notice. A share link is a limited license for the people it is shared with to view and save the shared content within the Services; it is not a license to scrape, print, or republish it.

13. Copyright Complaints (DMCA)

We respect intellectual property rights. If you believe content on the Services infringes your copyright, send a notice compliant with the Digital Millennium Copyright Act to our designated agent: Copyright Agent, Smooth Sailing Travel, LLC, PO Box 729, Nokomis, FL 34274, or admin@gosmart.travel with the subject line "DMCA Notice." Your notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location on the Services; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf. We may remove allegedly infringing content, notify the user who posted it, accept counter-notices as provided by law, and terminate repeat infringers' accounts.

14. Our Intellectual Property

The Services, including all software, design, text, graphics, logos, trademarks, images we license or own, data compilations, and the selection and arrangement of content, are owned by GoSmart or its licensors and are protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use (or, for Program Participants and Advertisers, as permitted by your agreement with us). No other rights are granted. "GoSmart Travel," our logos, and our product names are trademarks of Smooth Sailing Travel, LLC; you may not use them without our prior written permission.

15. Third-Party Services and Links

The Services rely on and may link to third-party services, including Suppliers, payment processing, identity and sign-in providers, mapping, and communications platforms. Third-party services are governed by their own terms and privacy policies, and we are not responsible for them. References or links to third parties do not imply endorsement.

Affiliate links and commissions. Some parts of the Services include links or calls to action to third-party providers of activities, tours, experiences, dining reservations, and other travel-related services. GoSmart participates in affiliate and referral programs, and when you click certain of these links or complete a purchase or reservation with the third party, GoSmart may earn a referral fee or commission from that third party, at no additional cost to you. Links that earn us compensation may appear alongside links that do not, and our inclusion of a link is not an endorsement or guarantee of the provider. Any purchase or reservation you make with a third party is a transaction between you and that provider and is governed by the provider's own terms and privacy policy. Where an affiliate or sponsored relationship is not otherwise obvious, we aim to identify it at or near the link. If we offer additional products such as travel insurance, airport transfers, or activities and experiences, those are provided by third parties under their own terms and privacy policies, are optional, and are not required to make a booking.

Sponsored content and curated posts. Some posts on the Services are paid placements from brands, properties, tourism organizations, and other advertisers, and some are curated by GoSmart on its own behalf. We label paid placements as sponsored. A sponsored post may link to the advertiser's own site to buy tickets or book; that purchase is between you and the advertiser under its terms, and the advertiser, not GoSmart, is responsible for the offer.

Travel insurance. We do not sell insurance. Our marketing site may refer you to a third-party travel insurance provider (currently Travelex Insurance Services). Any policy you buy is between you and the insurer under its terms, and we may receive compensation for the referral. Insurance is optional and is never required to book.

Our marketing site. gosmart.travel also offers a waitlist and early-access sign-up, a blog, a directory of GoSmart travel advisors, group trip pages, and an application to join GoSmart as a travel advisor. Information you provide through those pages is handled under our Privacy Policy. Joining GoSmart as an advisor is governed by a separate independent contractor agreement, not by these Terms, and the fees and commission arrangements described on the advisor pages are an invitation to apply, not terms of the Services.

Mobile apps. If we offer a GoSmart mobile app through an app store, the app store's terms also apply to your download. The app store is not a party to these Terms and is not responsible for the Services, and travel you purchase in the app is purchased from GoSmart and the Supplier, not from the app store.

16. Communications

By creating an account, making a booking, or otherwise providing your contact information, you consent to receive transactional and service communications from us (such as booking confirmations, vouchers, cancellation notices, payment notices, security alerts, and responses to your inquiries) by email and other channels you provide. With your consent where required by law, we may also send you marketing communications; you can opt out of marketing at any time using the unsubscribe link or by contacting support@gosmart.travel. Opting out of marketing does not stop transactional messages about your bookings and account. If we offer text/SMS notifications, separate consent and terms (including message frequency and data rates) will be presented at opt-in, and you may opt out by replying STOP.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, GOSMART DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT CONTENT (INCLUDING PRICES, AVAILABILITY, PROPERTY DESCRIPTIONS, PHOTOS, AND AI-GENERATED OUTPUTS) IS ACCURATE, COMPLETE, OR CURRENT; OR THAT ANY TRAVEL PRODUCT WILL MEET YOUR EXPECTATIONS. GOSMART IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF SUPPLIERS, PROPERTIES, OPERATORS, OR OTHER THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) GOSMART AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) GOSMART'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNTS YOU PAID TO GOSMART FOR THE BOOKING OR SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE AND (ii) ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS SECTION LIMITS LIABILITY FOR GOSMART'S OWN FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, FOR PERSONAL INJURY OR DEATH CAUSED BY GOSMART'S OWN NEGLIGENCE, OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

19. Indemnification

You agree to defend, indemnify, and hold harmless GoSmart and its members, managers, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms or applicable law; (b) your User Content or Advertiser Content; (c) your violation of any third party's rights; or (d) bookings you make for, or information you provide about, other people. We reserve the right to assume the exclusive defense of any matter subject to indemnification by you, in which case you will cooperate with our defense.

20. Dispute Resolution: Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND GOSMART TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WAIVES YOUR RIGHT TO A JURY TRIAL, AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, UNLESS YOU OPT OUT WITHIN 30 DAYS.

20.1 Informal Resolution First

Before filing an arbitration demand, you and GoSmart agree to try to resolve any dispute informally. Send a written description of your dispute, your contact information, and the relief you seek to support@gosmart.travel or to our mailing address in Section 2. We will do the same for disputes we have with you. If the dispute is not resolved within 60 days after receipt of the notice, either party may commence arbitration. Completing this informal process is a condition precedent to starting arbitration.

20.2 Agreement to Arbitrate

You and GoSmart agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Services, any booking, or the relationship between you and GoSmart (collectively, "Disputes"), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved exclusively by final and binding arbitration on an individual basis, rather than in court, except that: (a) either party may bring an individual claim in small claims court if it qualifies; and (b) either party may seek injunctive or other equitable relief in court to protect its intellectual property rights.

20.3 Arbitration Rules and Procedure

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, for non-consumer Disputes, its Commercial Arbitration Rules) then in effect, as modified by this Section. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. There will be one arbitrator. The arbitration will be conducted in the English language. For consumer Disputes, any in-person hearing will take place in Sarasota County, Florida, or, if required by the applicable rules or law, in the county where you reside; hearings may also be conducted by videoconference or on the documents where the rules allow. Payment of filing, administration, and arbitrator fees will be governed by the AAA's rules. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide the enforceability of the class action waiver in Section 20.4. Judgment on the award may be entered in any court of competent jurisdiction.

20.4 Class Action and Jury Trial Waiver

YOU AND GOSMART EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING. Disputes may be brought and arbitrated only on an individual basis. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. If the class action waiver in this Section 20.4 is found unenforceable as to a particular Dispute, then that Dispute (and only that Dispute) shall proceed in court consistent with Section 21, and the remainder of this Section 20 shall continue to apply to all other Disputes. To the extent a claim seeks public injunctive relief that cannot lawfully be waived or required to be arbitrated, including under California law, that request for public injunctive relief may be brought and maintained in court, and the remaining Disputes will proceed in arbitration under this Section 20.

20.5 Mass Filings

If 25 or more demands for arbitration are filed against GoSmart raising similar claims and represented by the same or coordinated counsel, the parties agree the AAA's mass-arbitration or multiple-case filing procedures (or, if unavailable, a staged bellwether process agreed by the parties or ordered by the arbitrator) will apply.

20.6 Your Right to Opt Out

You may opt out of this arbitration agreement and class action waiver by sending written notice to support@gosmart.travel (subject line "Arbitration Opt-Out") or to our mailing address in Section 2 within 30 days after you first accept these Terms. Your notice must include your name, the email address associated with your account (if any), and a clear statement that you want to opt out of arbitration. Opting out does not affect any other provision of these Terms. If you opt out, Disputes will be resolved in court as described in Section 21.

20.7 Time Limit for Claims

To the extent permitted by applicable law, any Dispute must be commenced (in arbitration, small claims court, or court, as applicable under this Section 20) within one (1) year after the Dispute arises; otherwise it is permanently barred.

20.8 Severability and Survival

Except as stated in Section 20.4, if any part of this Section 20 is found unenforceable, the remaining parts remain in effect. This Section 20 survives termination of your account or these Terms.

21. Governing Law and Venue

These Terms and any Dispute are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-laws principles. For any Dispute that is not subject to arbitration (including if you opt out under Section 20.6, small-claims matters exceeding that court's jurisdiction, and claims for injunctive relief regarding intellectual property), you and GoSmart consent to the exclusive jurisdiction and venue of the state and federal courts located in or serving Sarasota County, Florida, and waive any objection to that venue.

22. International Users

GoSmart is operated from the United States. Booking and purchasing travel through the Services is offered only to users located in the United States, and we may decline or cancel a booking request that does not meet this requirement. Our discovery, social, and content features (for example, browsing the inspiration feed, creating an account, saving boards, and posting content) are also available to users in other countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for complying with the laws of your location.

Wherever you are located, the Services are hosted and operated in the United States, and by using them you understand that your information will be transferred to, stored, and processed in the United States and other countries where we or our service providers operate, which may have data-protection laws that differ from those of your country. Our Privacy Policy explains the information we collect, the legal bases on which we process it, how we transfer it internationally, and the privacy rights that may be available to you depending on where you live. If you are a consumer in the European Economic Area or the United Kingdom, nothing in these Terms deprives you of the protection of the mandatory consumer-protection provisions of the law of your country of residence. We may use your IP address, billing address, and identification to confirm that booking is available in your location, and a payment card issued outside the United States is not by itself sufficient to book if you are not located in the United States.

23. Suspension and Termination

You may stop using the Services or delete your account at any time. We may suspend or terminate your account or your access to all or part of the Services at any time, with or without notice, if we reasonably believe that: (a) you have violated these Terms, our policies, or applicable law; (b) your conduct creates risk, harm, or possible legal exposure for GoSmart, our users, Suppliers, or others; (c) you are a repeat infringer of intellectual-property rights; (d) suspension or termination is required by law; or (e) we discontinue all or part of the Services. Termination does not affect bookings already confirmed except as provided in these Terms or the applicable cancellation policy. Sections that by their nature should survive termination (including Sections 9.2, 13, 14, and 17 through 25) survive.

Effect on your information. If you close or delete your account, we deactivate your profile and remove your User Content, and you may reopen your account within 60 days to restore it. After that, your content is removed as described in the Privacy Policy. A request to delete your account or your data covers your User Content and profile; it does not require us to delete records of completed bookings or the travel you have taken, which we keep as business and tax records as described in our Privacy Policy. Closing your account also removes you from our marketing emails; we continue to send the messages required for bookings you have already made.

24. Changes to the Services and These Terms

We are continuously improving the Services and may add, change, or remove features at any time. We may also update these Terms from time to time. If we make material changes, we will provide notice as appropriate, such as by posting the updated Terms on the Services with a new "Last Updated" date, or by emailing account holders. Changes take effect when posted unless a later date is stated. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms. Material changes to Section 20 (arbitration) will not apply to Disputes that arose before the change, and a new 30-day opt-out window will apply to material arbitration changes.

25. General

These Terms, together with the Privacy Policy and any additional terms presented for specific features or programs, are the entire agreement between you and GoSmart regarding the Services and supersede prior agreements on that subject. If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, sale of assets, or by operation of law. Nothing in these Terms creates any partnership, employment, or agency relationship. Notices to you may be provided by email to the address on your account or by posting on the Services. A change of Supplier, property, or operator on a confirmed booking is a Supplier-side change governed by Section 6.4, not an assignment of these Terms. Notices to you are deemed received when sent to the email address on your account or when posted on the Services.

26. Contact Us

Smooth Sailing Travel, LLC DBA GoSmart Travel

PO Box 729, Nokomis, FL 34274, United States

Email: support@gosmart.travel

SMOOTH SAILING TRAVEL LLC DBA GOSMART TRAVEL is registered with the State of Florida as a Seller of Travel. Registration No. ST41843.