Terms & Conditions

During the Term and in accordance with this Agreement, Customer may access and use the Flymode Travel ERP products which Customer subscribed to, whether by paid subscription, free trial or promotion (each a “Product”), as referenced in the invoice or quote executed by Customer (the “Order Form”). This includes access to specific modules such as CRM, Booking Engine, Financial Management, and HR capabilities as per the selected plan. Each Product may include updates, cloud-based and support services, applications or documentation. Flymode may add to, change or discontinue any component of the Products at any time; provided however, that no such change shall materially increase Customer’s obligations or materially decrease Customer’s entitlements under this Agreement. Customer is responsible for all actions taken under its Flymode account credentials, regardless of whether such actions are taken by Customer, their employees or a third party.

During the Term, Flymode grants Customer a limited, nonexclusive, non-transferable, nonsublicensable, revocable license to access and use the SaaS platform for your internal travel business operations. Customer agrees that all rights, title and interest in and to all the intellectual property rights in the Products, and all modifications, extensions, scripts and other derivative works of the Products provided or developed by Flymode, including the AI & Automation features, are owned exclusively by Flymode or its licensors.

Customer and any Users shall not (and shall not allow any User or third party to):

• Decompile, disassemble, reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of the Products;
• Use the Product to scrape, harvest, or extract data from third-party travel suppliers (Airlines, GDS, Hotel Banks) in violation of their terms;
• Distribute viruses or other harmful or malicious computer code via or into the Products;
• Engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Products;
• Use the Products for timesharing, service bureau or hosting purposes or otherwise use, resell, sublicense, distribute or transfer or allow others to use the Products to or for the benefit of third parties;
• Use the Products in any way that is contrary to applicable local, state/provincial, federal, regional and foreign laws, including without limitation those relating to fiscal laws (GST, TCS), privacy, data protection, electronic communications and anti-spam legislation.

The “Initial Term” shall mean the number of months in the term as specified in the Order Form, beginning on the date specified in the Order Form. Upon expiration of the Initial Term, this Agreement will automatically renew for a duration equal to the Initial Term. In the case of Products licensed on a trial basis, the Term of this Agreement shall be limited to the duration of the trial period identified in the Order Form. Except as otherwise specified herein, Customer may not terminate this Agreement prior to the expiration of the Term.

Customer shall pay Flymode the annual and/or monthly fees (“Fees”) specified in the Order Form. Unless required by applicable law, all payments by Customer to Flymode under this Agreement are non-refundable. Any amounts past due shall accrue interest at a rate which is the lesser of: one and a half percent (1.5%) per month or the maximum rate allowable by law. Flymode reserves the right to increase Subscription Fees for any Renewal Term by providing notice at least 30 days prior to the commencement of such Renewal Term.

International Payments: For customers outside India, all fees are payable free and clear of any deduction or withholding for taxes. If Customer is required by law to make any deduction, Customer shall pay such additional amounts as necessary so that Flymode receives the full amount of Fees.

Indian Customers: Fees are exclusive of GST. Customer may deduct applicable TDS and shall provide Form 16A within the statutory timeline.

Flymode and Customer (each a “Receiving Party”) shall each retain in confidence all information received from the other party (the “Disclosing Party”) pursuant to or in connection with this Agreement, the Products or the AI Technology, that the Disclosing Party identifies as being proprietary and/or confidential. This includes pricing structures, supplier contracts, and customer databases managed within the ERP.

Customer represents and warrants that currently and throughout the Term:

• Customer is fully authorized to enter into this Agreement and that Customer and any Users are fully authorized to utilize the Products;
• Customer and any Users are and will remain in compliance with all Flymode policies, applicable laws and regulations with respect to its and their use of the Products; and
• If Customer uses the Marketing Tools (WhatsApp/Email) to send communications, specific warranties regarding Opt-In consent and Anti-Spam compliance are strictly required.

“Customer Data” means any data that Customer or its Users input into the Products, including sensitive traveler information (Passport Details, Visa Copies, PNRs) and financial records. Customer retains all rights to their data.

Customer acts as the Data Controller and Flymode as the Data Processor. Flymode will comply with applicable privacy laws and regulations governing Customer Personal Data.

Security Measures: Flymode maintains industry-standard administrative, technical, and physical safeguards to protect Customer Data. In the event of a confirmed Data Breach affecting Customer Data, Flymode shall notify Customer without undue delay.

International Compliance (GDPR/CCPA): For customers in the EU, EEA, or UK, this Agreement incorporates by reference the Standard Contractual Clauses (SCCs) for Processor-to-Processor transfers. Flymode warrants that it processes data in accordance with GDPR principles. For California residents, Flymode acts as a “Service Provider” under CCPA and does not sell personal data.

For more details or to request a signed DPA, please refer to our Privacy Policy.

Customer agrees that any materials that it provides to Flymode, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, modifications, improvements, original or creative materials or other information regarding Flymode or the Products or the Beta Technology, whether such materials are provided in email, feedback forms, or any other format (the “Feedback”), shall belong exclusively to Flymode.

For evaluation and testing purposes only, including new AI-driven features (e.g., AI Itinerary Builder, Smart Routing), Flymode may grant Customer a limited license to use Beta Technology. Customer acknowledges that these features may be experimental and Flymode has no obligation to develop or provide any updates or revisions to them.

AI Disclaimer: Customer acknowledges that AI-generated content may contain inaccuracies. Customer acts as a “Human in the Loop” and is solely responsible for verifying all prices, flight times, and hotel details before sending them to travelers. Flymode accepts no liability for errors in AI-generated outputs.

“Third-Party Services” include GDS (Amadeus, Sabre), Hotel Banks, Payment Gateways, and Airline APIs that Flymode integrates with. Customer agrees that access and use of such Third-Party Services shall be governed solely by the terms and conditions of such Third-Party Services. Flymode is not responsible for service interruptions, data inaccuracies, or failures originating from these third-party connections.

It may be necessary for Flymode to perform scheduled and/or unscheduled repairs or maintenance, or remotely patch or upgrade the Product. This may temporarily degrade the quality of the services or result in a partial or complete outage of the Product. Flymode will endeavour to carry out such work during times that will cause the least disruption to Customer’s business.

Flymode may terminate this Agreement for convenience at any time by providing thirty (30) days prior written notice to Customer.

In the event of a material breach of this Agreement by either party, the non-breaching party may terminate this Agreement by giving the breaching party written notice. Notwithstanding the foregoing, Flymode may suspend Customer’s access to the Products immediately without notice if Flymode, in its sole discretion, believes there is a security risk, violation of rights, or non-payment of fees.

Customer may not assign any of its rights or obligations under this Agreement without Flymode’s prior written consent. Flymode may, without Customer’s prior consent, assign its rights and obligations under this Agreement. Flymode shall be free to perform all or any part of this Agreement through one or more subcontractors.

All Intellectual Property Rights in the Flymode Products or the Services belong to Flymode. This includes the proprietary code, algorithms, UI/UX design, and AI models used in the platform. Nothing in these Terms of Service shall operate to transfer any Intellectual Property Rights beyond the specific licenses, as may be specifically agreed in writing. Flymode retains ownership of all right, title to, and interest in any and all Intellectual Property Rights developed, owned, licensed or created by Flymode.

Flymode does not claim any Intellectual Property Rights over the Content You provide (e.g., your tour packages, itineraries, branding). All rights in the Content a User uploads remain with the User. By uploading Content, You agree: (a) to allow Flymode to store and display your Content as needed for the Service; and (b) that Flymode can, at any time, review and delete all the Content submitted if it violates legal standards.

The User agrees to indemnify, defend and hold harmless Flymode, the Software Providers and their respective parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“Indemnified Parties”), from all claims, demands, losses, costs, fees suffered or incurred by the Indemnified Parties due to or arising out of the User’s breach of these Terms of Service, specifically including claims arising from mis-booked travel services or data privacy breaches by the User.

Flymode shall defend Customer against any claim, demand, suit, or proceeding made or brought against Customer by a third party alleging that the use of the Products as permitted hereunder infringes or misappropriates the intellectual property rights of a third party ("IP Claim"), and shall indemnify Customer for any damages, attorney fees and costs finally awarded against Customer as a result of such IP Claim; provided that Customer (a) promptly gives Flymode written notice of the IP Claim; (b) gives Flymode sole control of the defense and settlement of the IP Claim; and (c) provides all reasonable assistance. THE FOREGOING STATES FLYMODE’S SOLE AND EXCLUSIVE LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of anyother remaining provisions.

If Flymode does not exercise a right under these Terms of Service, shall not constitute a waiver of such right. Waiver of any right, remedy or breach of any subject matter contained in these Terms of Service shall not be viewed as a waiver by Flymode, unless specifically agreed by Flymode in writing.

If a Force Majeure Event occurs, the party that is prevented from performing (the “Nonperforming Party”) will be excused from performing those obligations rendered unperformable by the Force Majeure Event. This includes events specific to the travel industry such as airline strikes, airspace closures, pandemics, or global travel restrictions.

The User agrees that no joint venture, partnership, employment, or agency relationship exists between the User and Flymode as a result of these Terms of Service, the User’s use of the Flymode Products, or the availing of Services from Flymode.

These Terms of Service will be governed by the laws of India. In case of any dispute between the User and Flymode, the parties shall attempt to amicably resolve such dispute within 30 days.

If unresolved, the dispute shall be referred to arbitration by a sole arbitrator to be mutually appointed by the parties. If parties fail to agree on a sole arbitrator, the arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Ahmedabad. Courts in Ahmedabad shall have exclusive jurisdiction subject to arbitration.

Flymode reserves the right to modify the content of this Agreement at any time. Modify refers to changes, additions, or removals of clauses or terms. Continued use of the Products after any such changes shall constitute your consent to such changes. It is your responsibility to review these Terms periodically.

For Enterprise accounts, Flymode commits to a 99.9% uptime availability of the Products, excluding scheduled planned maintenance. Credits for downtime will be issued in accordance with the Enterprise SLA policy provided separately upon request. Standard accounts are provided on a commercially reasonable efforts basis.

THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FLYMODE DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE.

IN NO EVENT SHALL FLYMODE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR DATA. FLYMODE’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER IN THE 12 MONTHS PRECEDING THE INCIDENT.

The Products may be subject to export control laws and regulations of India, the United States, and other jurisdictions. Customer represents that it is not named on any government denied-party list. Customer shall not access or use the Products in a U.S. embargoed country or in violation of any U.S. export law or regulation.

Digital Delivery: Flymode is a SaaS (Software-as-a-Service) product. We do not ship physical goods.

Timeline: Upon successful payment, an onboarding email containing your login credentials will be delivered to your registered email address within 24 hours. If you do not receive this email, please contact operation@flymode.io.

Strict Non-Refundable Policy: Due to the nature of our digital SaaS products, all fees paid are non-refundable. No pro-rated refunds will be issued for partial use during a billing cycle.

Cancellation Process: You may cancel your subscription renewal by initiating a request to operation@flymode.io at least 30 days prior to your billing renewal date. Access will remain active until the end of the paid term.

In accordance with the Information Technology Act, 2000 and Rules made thereunder, the contact details of the Grievance Officer are provided below. If you have any questions, concerns, or grievances regarding these Terms or our practices, please contact: