Version 0.1-draft · prepared 2026-07-05 · effective date pending attorney sign-off · sha256 ca73cb2ea6fd

Remy Marlo — Terms & Conditions (Organizer / Consumer)

DRAFT — attorney review required before publication. Prepared 2026-07-05. Not legal advice; not reviewed by licensed counsel. Bracketed items [...] are open decisions. The Pilot Addendum (§20) governs during the current friends-&-family phase.

Version 0.1-draft · Effective [TBD] · Binding on organizers via clickwrap at account creation and trip go-live (see §18 acceptance mechanics).

Plain-language summary (not a substitute for the terms)

• Remy is an AI concierge that gives information and reminders. He can be wrong. Double-check anything where being wrong would really cost you — flight times, reservation times, opening hours — against the airline, venue, or your confirmation.
• Remy cannot and does not book, cancel, pay, call anyone, log into anything, or contact vendors. He's not a travel agent. Your bookings are between you and your vendors.
• If Remy is materially down during your trip, you get the trip fee back. That's the deal, and it's the remedy.
• We cap our liability at what you paid for the trip. We're honest about being a pilot-stage product.

1. The service

Remy Marlo ("Remy," the "Service") is an AI-powered group-trip concierge operated by [Remy Marlo / OPERATING ENTITY TBD] ("we"). Remy joins a WhatsApp group you designate, pre-loaded with trip information you provide, and: answers questions in the group, sends proactive reminders and briefings, tracks public information about flights/weather/conditions, emails trip participants summaries and recaps, and can produce post-trip artifacts. Remy discloses that he is an AI when he joins each group.

"Organizer" means the account holder who sets up a trip (a consumer organizer or a travel advisor; advisors see also the Advisor Terms). "Travelers" are the members of the bound group.

2. AI-generated information — accuracy disclaimer

(a) Informational assistance only. Remy provides informational assistance and convenience reminders. Remy's outputs are generated by artificial intelligence from the trip materials you provide and from third-party sources (airlines' published data, weather services, venue pages, webcams). Outputs may be inaccurate, incomplete, or out of date, may not reflect real-time changes, and may occasionally be confidently wrong.

(b) Verify time-critical information. You and your travelers must independently verify any information where an error could cause loss — including flight times and status, reservation dates/times, check-in deadlines, tour departure times, opening hours, visa/entry requirements, and health or safety information — directly with the airline, vendor, venue, or authority. Remy's reminders are a convenience layered on top of your own confirmations, not a substitute for them.

(c) Not professional advice. Nothing Remy says is legal, medical, financial, immigration, or safety advice. Allergy and dietary suggestions are based on information provided to us and on venue-published data, which may be wrong or stale; always confirm allergen safety directly with the venue.

(d) What this section does and doesn't do. We work hard to ground Remy's answers in your actual trip documents and reputable sources, to label uncertainty, and to say "I don't know" rather than guess. This section does not excuse us from that effort; it allocates the risk of residual error. Our liability for errors is limited as set out in §§10–12, and the Service Level Remedy (§8) is the exclusive remedy for availability failures.

Drafting note (remove before publication): the pattern here follows what survived scrutiny in research — disclaimer + verification duty + LoL cap + exclusive remedy, coupled with genuine accuracy effort. Moffatt v. Air Canada (BC CRT 2024) shows a bare "chatbot said so, not us" defense fails; the tribunal held the company liable for negligent misrepresentation and noted no T&C disclaimer was even raised. Hence (d): we claim care, cap exposure, and never disclaim the duty of care itself.

3. What Remy does not do (no agency; no transactions)

(a) Capability boundary. Remy cannot book, reserve, purchase, modify, or cancel travel services; cannot make or receive payments on your behalf; cannot place calls; cannot log into accounts or portals; and cannot contact vendors, hotels, airlines, or other third parties to transact on the trip's behalf. If asked, Remy will say he can't and point you to the vendor or your (human) travel advisor. Any drafted message Remy composes for a vendor is a draft you choose to send.

(b) Not a travel agent or seller of travel. We do not sell, provide, arrange, or negotiate transportation, lodging, tours, or other travel services, and no money for travel services passes through us. Our flat fee is solely for the informational concierge software service. We are not a party to, guarantor of, or agent for any booking. We are not a fiduciary. Your contracts for travel services are exclusively between you and the relevant vendors, and vendor failures (cancellations, overbookings, quality issues) are between you and them.

[ATTORNEY FLAG — seller-of-travel statutes: CA Bus. & Prof. Code §17550 et seq., FL §559.926 et seq., WA RCW 19.138, HI §468L define "seller of travel" around selling/arranging transportation or travel services for compensation. This product is drafted to stay outside those definitions (information only; no arranging; no funds handling). Residual risks to analyze: (1) whether "arranging" could be stretched to cover itinerary-adjacent recommendations bundled with a paid fee; (2) advisor white-label deployments where OUR fee is collected by a registered advisor (cleaner) vs. direct consumer sales into CA/FL/WA/HI (analyze before consumer GA); (3) HI has no exemption path. See findings memo Q3.]

(c) Third-party services. WhatsApp is Meta's service under Meta's terms; we don't control it. Flight, weather, and webcam data come from third parties and carry their own errors and outages.

4. Your responsibilities (organizer)

You represent and agree that: 1. You are 18+ and can form a contract. 2. You have the authority to add Remy to the group and will inform all group members — before or at binding — that an AI concierge that processes group messages is joining, including informing parents/guardians of any minors in the group (see the Organizer Attestation in the consent kit). 3. Trip materials you upload are yours to share (your own confirmations and trip documents; don't upload other people's data you have no right to share). 4. Roster data — especially dietary, allergy, accessibility, and children's information — is entered with the relevant person's (or parent's) permission. 5. You'll keep your account secure and your contact info current.

5. Travelers who never signed up

Group members are not parties to these Terms, but the Service touches them. Our commitments to them (AI disclosure at joining, @remymarlo ignore me opt-out, per-trip isolation, no data sale) are stated in the Privacy Policy and made in the group itself. Organizer accepts these Terms on their own behalf, not on behalf of travelers — which is exactly why §4(2) makes informing the group the organizer's job.

6. Fees and billing

The Service is sold as a flat fee per trip, disclosed before purchase. [No pricing here by design.] Pilot trips are complimentary (§20). When billing launches, payment is processed by Stripe at trip confirmation; taxes additional where applicable. Except as provided in §8 (service-level refund) and §20, fees are non-refundable once the trip has started, and refundable in full for cancellations before Remy is added to the group [recommendation — Mike to confirm].

7. Term, suspension, kill switch

Service for a trip runs from setup through post-trip archive. We may suspend or disable Remy in a group (the "kill switch") if: guardrails or law require it, the group uses the Service in violation of the AUP, the WhatsApp channel becomes unavailable, or continued operation risks harm. The organizer can pause or stop Remy at any time from the portal. If we suspend for reasons other than your breach and the suspension is material to your trip, the §8 remedy applies as if the Service were unavailable.

8. Service level & refund — the plain promise

The promise: if Remy is down or materially unavailable for a material portion of your trip, we refund (or, at your choice, credit) the flat fee for that trip.

"Materially unavailable" means Remy is not answering @mentions and not sending scheduled reminders in your group, or is generating errors so severe the concierge is effectively absent — and the cause is our systems or our suspension under §7 (not: WhatsApp platform outages beyond our control [Mike may choose to cover these anyway — generous option], your removal of Remy from the group, or force majeure §14 — though we'll be generous in gray areas, see below).

Threshold options (Mike to pick one; drafting recommendation = Option A): - Option A (recommended — generous & simple): unavailability of 6+ consecutive waking-hours (8:00–22:00 trip-local) on any single trip day, or any 2 trip days materially impaired → full trip-fee refund/credit. One trigger, full fee, no proration math. Pilot-era goodwill posture; the flat fee makes it clean, and the marketing story ("if he's down a day, the trip's free") is worth more than the fee. - Option B: impairment on >25% of trip days → full refund; impairment on any smaller portion → pro-rata credit. More "fair," but requires day-counting arguments with customers — not worth it at this price point. - Option C (floor): refund only for full-trip outage. Not recommended; stingy posture contradicts the trust-first brand.

Mechanics: claim within 30 days post-trip; our delivery/audit logs are the record but we resolve ambiguity in the customer's favor during pilot and V1. This remedy is the exclusive remedy for Service availability failures.

9. Intellectual property; your content

You keep ownership of your trip materials, chat content, and photos. You grant us a limited license to process them to run the Service (and only that — see Privacy Policy §8 for the cross-trip opt-in). Remy's outputs in your group are yours to keep and share. The Service, its software, and Remy's persona/branding are ours. Feedback you give us can be used freely.

10. Disclaimer of warranties

Except for the express Service Level promise in §8, the Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all other warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that outputs will be accurate, complete, current, or uninterrupted. Some jurisdictions don't allow certain disclaimers, so parts of this may not apply to you.

11. Limitation of liability

To the maximum extent permitted by law: (a) No consequential damages. Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, lost enjoyment, or costs of substitute services — including costs arising from missed flights, missed reservations, missed events, or reliance on Remy's outputs — even if advised of the possibility. (b) Cap. Our total aggregate liability for all claims relating to a trip will not exceed the greater of the fee paid for that trip and US $100. (c) Carve-outs. The cap and exclusion do not apply to liability that cannot be limited by law, our gross negligence or willful misconduct, or [attorney: privacy/data-breach carve-out decision]. (d) These limits reflect the deal: a flat per-trip fee for an informational service cannot price in the value of your vacation. They apply regardless of legal theory and even if a remedy fails of its essential purpose.

Drafting note: cap follows the consumer-AI norm (Anthropic: greater of 6-month payments and $100; OpenAI: 12-month payments) adapted to the per-trip fee unit.

12. Indemnification

You will indemnify us against third-party claims arising from: (a) trip materials or roster data you had no right to provide; (b) your breach of §4 (including failure to inform the group or obtain parental permission); (c) your violation of law or the AUP. We will defend you against third-party claims that the Service itself infringes IP rights. [Attorney: mutual-indemnity balance for consumer context; consumer indemnities should stay narrow to remain enforceable and fair.]

13. Dispute resolution [DECISION REQUIRED — recommendation below]

Recommended pilot/V1 posture: (1) Informal resolution first — write to us, 60 days of good-faith resolution before any filing; (2) small-claims court always available to either party; (3) otherwise, courts of [governing-law state]; (4) no arbitration clause yet. Rationale: at pilot/early scale, disputes are best solved with the §8 refund and goodwill; arbitration clauses now carry mass-arbitration fee-weaponization risk (thousands of filings each triggering company-paid AAA/JAMS fees) that a small company can't absorb, and skipping it avoids the enforceability fight over group members who never assented. Revisit at consumer GA — if adopted then, include: informal-resolution prerequisite, small-claims carve-out, batching provisions for 25+ similar claims, and an opt-out window, per current best practice. Full pros/cons: findings memo §5.

Class action waiver: [attorney call — a standalone class waiver without arbitration is unenforceable in many circumstances; likely deferred with arbitration].

Governing law: [STATE TBD — likely owner's entity state; attorney + Mike], excluding conflicts rules; consumers keep mandatory protections of their home state.

14. Force majeure

Neither party is liable for delay/failure caused by events beyond reasonable control: natural disasters, epidemics, war, labor disputes, internet or power failures, WhatsApp/Meta platform actions or outages, third-party data-provider failures, or governmental action. If force majeure makes the Service materially unavailable for your trip, we'll still honor the §8 refund/credit as a goodwill matter [recommended — Mike to confirm; it's the generous read and the fee is flat].

15. Modification of the Service and these Terms

We may improve or modify the Service; we won't materially degrade the core promise (concierge in your group for your trip) for a trip already paid for. Terms changes: notice to organizers (email/portal) ≥14 days before effect for material changes; continued use = acceptance; changes don't apply retroactively to disputes already arisen.

16. Termination

You can stop using the Service anytime (portal pause/stop; fee treatment per §6/§8). We may terminate for material breach unremedied 10 days after notice, or immediately for AUP violations creating risk. §§2, 3, 9–13, 17–19 survive.

17. Miscellaneous

Entire agreement (these Terms + Privacy Policy + AUP + order/pilot addendum); severability; no waiver by non-enforcement; no assignment by you without consent (we may assign to a successor of the business — relevant given pending entity formation); notices to your account email and to [legal@remymarlo.com TBD]; export-control and sanctions compliance; headings don't affect meaning.

18. Acceptance mechanics (clickwrap — implementation spec)

For enforceability (see findings memo §5): acceptance at account creation and re-affirmed at each trip's go-live via an unchecked checkbox adjacent to a conspicuous link ("I agree to the Terms & Conditions and Privacy Policy"), scroll-accessible full text, and a stored record of who accepted, when, and which version (terms_acceptances table: user id, doc version hash, timestamp, IP). No browsewrap, no pre-checked boxes. [REQUIREMENTS INPUT: acceptance-logging table + version-hash mechanism.]

19. AI disclosure (statutory)

Remy discloses AI status in his first group message and in the portal. This is designed to satisfy California's bot-disclosure law (B&P Code §17940 et seq.), the EU AI Act Art. 50 transparency duty (in force for new systems Aug 2, 2026) for any EU-facing use, and WhatsApp/Meta first-message AI-disclosure policy. The disclosure is never buried and never removed, including in white-label advisor deployments.

20. Pilot Addendum (current phase — friends & family)

While the Service is in private pilot, the following override the base Terms: 1. Free. Pilot trips are complimentary; §6 billing doesn't apply. The §8 remedy becomes: if Remy materially fails your trip, your next trip is free [recommended goodwill remedy — Mike to confirm]. 2. Beta honesty. The Service is pre-release. Features may fail, behave oddly, or be withdrawn. The verification duty in §2(b) applies double. 3. Feedback & logging. Pilot trips are logged and reviewed in detail to improve the product (see the F&F Pilot Consent Note for the plain-language version). Quality review happens on sanitized data; private chat content is never published. 4. Kill switch bias. During pilot we will disable Remy quickly and err on the side of shutting off rather than risking bad behavior in your group. 5. No SLA. §8 thresholds don't formally apply (there's no fee), but the spirit does — we'll tell you honestly when he's down. 6. Pilot participants get material-change notice like anyone else, and their data rights are identical to paying customers.