Software Development Terms

TripCapy ("TripCapy", "we", "us") is a technology company that designs, builds, implements, and maintains software for travel agencies, tour operators, content creators, and other businesses. TripCapy sells software services; it does not sell flights, hotels, or travel packages as part of these services.

These Terms apply to any individual or legal entity ("Client") that engages TripCapy for custom development, platform implementation, provider or API integrations, product design, migrations, maintenance, or support (the "Services").

If the Client and TripCapy have signed a contract, that contract prevails over these Terms where they conflict. TripCapy's general website Terms and Privacy Policy also apply.

Depending on each proposal or statement of work, the Services may include:

• Custom software development: web applications, admin dashboards, booking sites, and APIs
• Implementation and customization of the TripCapy platform for agencies and white-label brands
• Integrations with GDSs, consolidators, booking engines, payment gateways, CRMs, and third-party services
• UX/UI design, prototypes, and technical documentation
• Domain, hosting, cloud infrastructure, and deployment setup
• Ongoing and corrective maintenance, monitoring, and technical support under monthly or annual plans

Each project is defined in a proposal, quote, or statement of work (the "Order") that sets out the scope, deliverables, estimated timeline, price, currency, payment schedule, and acceptance criteria.

Quotes are valid for 15 calendar days unless stated otherwise. An Order is accepted when the Client signs it, approves it in writing (including by email), or makes the first payment.

Any feature, integration, or deliverable not expressly listed in the Order is out of scope and will be quoted separately.

Prices are in United States dollars (USD) unless the Order or invoice states another currency. The total amount, currency, and applicable taxes are shown before each payment is confirmed.

Services may be billed as a fixed project price, by milestone, by hours or days of work, or as a recurring subscription, maintenance, or support fee.

Prices exclude taxes, withholdings, bank fees, and currency conversion charges unless stated otherwise. Where the law allows, these charges are paid by the Client.

Third-party costs required for the project, such as licenses, domains, hosting, usage-based APIs, or travel provider fees, are billed separately or paid by the Client directly to the provider, unless agreed otherwise.

Payments are processed by Stripe, Inc. and its affiliates ("Stripe"), a PCI DSS Level 1 certified payment processor. TripCapy does not store or have access to the Client's full card number or security code.

By paying, the Client also agrees to the Stripe Services Agreement and Stripe Privacy Policy, available at stripe.com. Stripe may require additional verification, such as 3D Secure authentication, to prevent fraud.

Unless the Order states otherwise, the standard payment schedule is:

• Fixed-price projects: 50% upfront to start work and 50% on delivery or final acceptance
• Milestone projects: each milestone is charged when it starts or when it is delivered, as stated in the Order
• Hours or hour packages: charged in advance or monthly based on hours used
• Subscriptions, maintenance, and support: charged in advance for each monthly or annual period
• Invoices are due 7 days after issue unless another term is stated
• If a payment is more than 10 days late, TripCapy may pause work, access to environments, or hosted services until the account is brought current

Maintenance, support, managed hosting, and platform license plans renew automatically at the end of each monthly or annual period and are charged to the payment method on file, unless the Client cancels before the renewal date.

The Client can cancel renewal at any time by emailing contact@tripcapy.com or through the billing portal when available. Cancellation takes effect at the end of the paid period, and the service stays active until then.

TripCapy will give at least 30 days' notice of any price change to a recurring plan. The new price applies from the next renewal.

The Services are digital and involve no physical shipping. Delivery is made, as applicable, by deployment to a staging or production environment, access to a code repository, delivery of files or credentials, or activation of the Client's account on the platform.

Timelines in the Order are good-faith estimates and depend on the Client providing requested information, content, access, and approvals on time. Delays caused by the Client or third parties extend the timeline by the same amount.

After each delivery, the Client has 7 business days to review it and report in writing any specific defects against the agreed scope. If no issues are reported in that period, or if the Client uses the deliverable in production, it is deemed accepted.

TripCapy will fix reported defects that fall short of the agreed scope at no cost. Changes to design, features, or preferences not included in the Order are treated as scope changes.

Any scope change requested by the Client is documented in a change request showing its impact on price and timeline. Additional work starts only after the Client approves it in writing.

Additional hours are billed at the rate stated in the Order or, if none is stated, at TripCapy's standard rate at the time of the request.

The Client agrees to:

• Provide accurate, complete, and current information, plus the content, access, and credentials needed
• Appoint a contact person who can make decisions and approve deliverables
• Hold the rights and licenses to any text, images, trademarks, and data provided to TripCapy
• Comply with the laws that apply to its business, including consumer protection, travel, tax, and data protection rules
• Not use the Services or delivered software for illegal, fraudulent, or activities prohibited by Stripe or integrated providers

The Client may cancel a project at any time by giving written notice to contact@tripcapy.com. In that case:

• Work completed and hours used up to the cancellation date are billed at the agreed rate
• Third-party costs already committed for the project are non-refundable
• If the amount paid exceeds the work completed, TripCapy refunds the difference under the Refund Policy
• If the work completed exceeds the amount paid, the Client pays the difference within 7 days
• Once any balance is paid, TripCapy hands over the work completed to date in its current state

Because the Services are custom professional work that begins and consumes resources once payment is made, refunds follow these rules:

• Project deposit: 100% refund if the Client cancels within 72 hours of payment and before work begins. Once work has started, only the unperformed portion is refunded, after deducting work completed
• Delivered and accepted milestones: non-refundable
• Hours or hour packages: unused hours are refunded if claimed within 90 days of purchase
• Monthly subscriptions and plans: partial periods are not refunded; cancelling stops future charges
• Annual plans: 100% refund if requested within 14 days of payment with no significant use of the service; after that, the current period is non-refundable
• TripCapy non-performance: if TripCapy fails to deliver what was agreed and does not fix the defect within 30 days of written notice, the Client is entitled to a refund of the amounts paid for the affected deliverable
• Duplicate charges or billing errors: refunded in full

Send requests to contact@tripcapy.com with the Client's name or company name, invoice or Stripe receipt number, and the reason. TripCapy replies within 5 business days.

Approved refunds are returned to the original payment method through Stripe. The bank or card issuer may take 5 to 10 business days to post it. Processing or currency conversion fees charged by third parties may not be recoverable, except in the case of a TripCapy error.

If the Client disagrees with a charge, please email contact@tripcapy.com first so we can resolve it directly; most cases are settled within a few days.

If the Client files a chargeback without first contacting TripCapy, TripCapy may suspend the Services while the dispute is open and will provide Stripe and the card issuer with evidence of the engagement, delivery, and acceptance. If the chargeback is resolved in TripCapy's favor, the Client must pay the amount owed and any related dispute fees.

Once the Order price is paid in full, the Client owns the source code, designs, and deliverables developed specifically for the Client and described in the Order as custom deliverables.

TripCapy keeps ownership of its platform, libraries, components, templates, tools, and pre-existing or general know-how ("TripCapy Technology"). If a deliverable includes TripCapy Technology, the Client receives a non-exclusive, non-transferable license to use it as part of that deliverable while its related payments are current.

Open-source software and third-party services included in deliverables are governed by their own licenses and terms.

Unless the Client objects in writing, TripCapy may name the Client and describe the project in general terms in its portfolio, without disclosing confidential information.

Each party will keep confidential the technical, business, and financial information it receives from the other and use it only to perform the Services. This obligation continues for 3 years after the relationship ends.

When TripCapy processes personal data of the Client's end customers, it does so as a data processor, following the Client's instructions and applying reasonable security measures. TripCapy's data processing is described in the Privacy Policy.

TripCapy warrants that the Services will be performed in a professional and diligent manner. For 30 days after acceptance of each deliverable, TripCapy will fix, at no cost, reproducible errors that prevent it from working as agreed.

The warranty does not cover issues caused by changes made by the Client or third parties, misuse, changes to third-party APIs or services, infrastructure not managed by TripCapy, or new features. After that period, support is provided under a maintenance plan or by the hour.

Except as expressly stated in these Terms or the Order, the software is provided without other warranties, including merchantability or fitness for a particular purpose, and TripCapy does not warrant that it will run uninterrupted or error-free.

To the fullest extent permitted by law, TripCapy's total liability arising from an Order is limited to the amount actually paid by the Client for that Order in the 12 months before the event giving rise to the claim.

TripCapy is not liable for lost profits, lost sales or bookings, data loss, reputational harm, or indirect, incidental, special, or consequential damages, nor for failures of external providers such as airlines, GDSs, hotels, payment gateways, hosting, or third-party APIs.

Nothing in these Terms limits liability that cannot be limited under applicable law, such as liability for fraud or gross negligence.

TripCapy may suspend or terminate the Services, with prior notice where reasonable, if the Client materially breaches these Terms, fails to pay, uses the Services for illegal or fraudulent activity, or if required by an authority or payment provider.

On termination, the Client pays for Services performed up to that date, and TripCapy will, on request and once any balance is paid, deliver a copy of the Client's data and deliverables in a reasonable format within 30 days.

The parties will try in good faith to resolve any dispute through direct negotiation for at least 30 days before taking legal action.

Unless the Order or a signed contract states otherwise, these Terms are governed by the laws of the place where TripCapy has its registered office, and any dispute will be submitted to the competent courts of that place, without affecting any non-waivable rights the Client has as a consumer.

TripCapy may update these Terms. The current version is published on this page with its last updated date. Changes do not affect Orders already accepted unless both parties agree in writing.

For questions about these Terms, payments, cancellations, refunds, or disputes, email contact@tripcapy.com. We reply within 2 business days.