VisitLion is a product of Catelleon Solutions, LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the visitlion.com website and, where applicable, the VisitLion Destination Management System software, including any customer-branded instance, together the "Service."
VisitLion is not purchased through this website. Customer software subscriptions, implementation services, pricing, hosting arrangements, and other commercial terms are handled through a separate signed service agreement, order form, or license agreement. If these Terms conflict with a signed agreement between Company and a customer, the signed agreement controls for that customer.
By accessing visitlion.com, submitting a demo request, using a VisitLion-powered destination site, or signing an agreement that references these Terms, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization, including any required government purchasing or procurement approval.
1. The Service
VisitLion is a licensed, self-hosted Destination Management System consisting of a visitor-facing itinerary builder that helps a destination's visitors plan a trip, and a back-office platform that lets a tourism office and its local businesses manage listings, view analytics, and generate reports. The specific features, hosting arrangement, and pricing available to a customer are set out in that customer's signed agreement.
2. License Grant
Subject to timely payment of fees and compliance with these Terms and any signed agreement, Company grants customer a non-exclusive, non-transferable, revocable license to access and use the VisitLion platform for customer's designated destination or service area during the subscription term stated in the signed agreement. This license does not include the right to sublicense, resell, white-label, or provide the Service to any destination or service area other than the one identified in the signed agreement, or to reverse-engineer, copy, or create derivative works of the underlying software.
3. Subscription Term, Fees, and Renewal
Subscription terms, fees, renewal periods, payment deadlines, and cancellation rights are governed by the customer's signed agreement. Company may transition future renewal terms to then-current standard pricing with 30 days' written notice before a renewal date, unless a signed agreement states otherwise. Except as required by law or stated in a signed agreement, fees are non-refundable. Late or non-payment may result in suspension of the Service after written notice and a reasonable cure period.
4. Customer Responsibilities
Customer is responsible for the accuracy of destination content, business listings, and other information it or its affiliated local businesses submit through the platform; managing which local businesses or organizations are granted self-service access to manage their own listings; using the Service only for lawful destination-marketing purposes; and maintaining the confidentiality of any administrative login credentials issued to customer's staff.
5. Intellectual Property
Company owns all right, title, and interest in the VisitLion software, platform, brand, and all underlying code, designs, and documentation, including any customizations made for a specific customer instance. No license is granted to customer other than the limited right of use described in these Terms and any signed agreement. Customer retains ownership of the destination-specific content it submits and grants Company a non-exclusive, royalty-free license to host, display, and process that content as needed to operate the Service and, in de-identified or aggregated form, to improve VisitLion generally.
6. Data and Analytics
Visitor interaction data collected through customer's branded itinerary builder is made available to customer through the platform's reporting and analytics tools for customer's own use in evaluating and promoting its destination. Company may also use this data, in de-identified or aggregated form, to operate, maintain, and improve the Service across all customers. How Company collects, uses, and protects visitor personal information is described in the VisitLion Privacy Policy, which is incorporated into these Terms by reference. Upon request during the term or within 30 days after termination, Company will make customer's listing and analytics data available for export in a reasonable format.
7. Third-Party Integrations
Where a customer's existing CRM, analytics tool, website, email provider, or other system is connected to VisitLion, customer is solely responsible for its relationship with, and compliance with the terms of, that third-party provider. Company is not responsible for the availability or performance of third-party systems.
8. Hosting, Availability, and Support
Company will use commercially reasonable efforts to keep the Service available, but does not guarantee uninterrupted or error-free operation. Company may perform scheduled maintenance and will provide reasonable advance notice when maintenance is expected to affect availability. Support is provided through the channels Company designates from time to time. Specific uptime commitments, if any, apply only where separately agreed in writing.
9. Warranty Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST REVENUE OR LOST TOURISM/HOT TAX REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification
Each party agrees to indemnify, defend, and hold harmless the other party from third-party claims arising from its own breach of these Terms, violation of applicable law, or infringement of a third party's rights, except to the extent caused by the other party's own breach.
12. Term and Termination
These Terms remain in effect for as long as you access the website or a signed agreement referencing them is in effect. Either party may terminate a customer relationship for the other party's uncured material breach after 30 days' written notice, unless the signed agreement states otherwise. Upon termination, customer's access to the Service will be disabled, and customer's data will be made available for export as described in Section 6 for the period stated there, after which Company may delete it. Sections 5, 6, 9, 10, and 13 survive termination.
13. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Any dispute arising under these Terms will be brought exclusively in the state or federal courts located in Texas, and each party consents to the jurisdiction of those courts.
14. Changes to These Terms
Company may update these Terms from time to time. Changes take effect when posted, with the Effective Date above updated accordingly. Material changes affecting an active customer will be communicated by email to the contact on file before taking effect for that customer.
15. Miscellaneous
If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. Customer may not assign these Terms without Company's prior written consent, except in connection with a merger or sale of substantially all of customer's relevant assets. These Terms, together with any signed agreement, constitute the entire agreement between the parties regarding the Service.
16. Contact Us
Catelleon Solutions, LLC (d/b/a VisitLion)
P.O. Box 355, Glen Rose, TX 76043
info@catelleon.com
254-396-1511