DestinationHub Terms of Service

Effective Date: May 5, 2026

Welcome to DestinationHub. These Terms of Service ("Terms") are a legally binding contract between you and Programmatic LLC, doing business as DestinationHub ("we," "us," or "our").

By accessing our website at https://destinationhub.io/ or using our platform, you agree to be bound by these Terms. If you are using our services on behalf of an organization (like a tourism board or event venue), you confirm that you have the authority to bind that organization to these Terms. If you do not agree with any part of these Terms, please do not use our services.

Acceptance of these Terms through an online checkout flow, clickwrap acceptance mechanism, account registration process, or continued use of the Services constitutes a legally binding agreement between Customer and DestinationHub, without requirement for physical signature.

If you have any questions about this agreement, we are here to help. You can reach out to us at info@destinationhub.io.

Summary of Key Points

Before you dive into the full legal text, here is a quick overview of what you are agreeing to:

• The Service: DestinationHub is a business-to-business platform that allows organizations ("Creators") to build and publish digital maps, tours, and interactive experiences for their visitors ("End Users").

• User Obligations: If you are a Creator, you are responsible for the content you publish, keeping your account secure, and ensuring your content complies with applicable laws. End Users simply browse the content without needing an account.

• Payments: Creators pay for subscription access to our platform. We are transparent about our pricing, and subscriptions automatically renew unless canceled.

• Liability: We provide the platform "as is." We do our best to keep things running smoothly, but we cannot guarantee 100% uptime or be held liable for the specific content Creators choose to publish.

• Disputes: If a disagreement arises, we ask that you try to resolve it with us informally first. If we cannot work it out, disputes are governed by the laws of Colorado, United States.

• Termination: You can cancel your Creator account at any time. We also reserve the right to suspend or terminate accounts that violate these terms.

• Use of the Service: Use of service is at your own risk, including any real-world activities associated with Creator Content.

• Contact: You can always reach us at info@destinationhub.io.

Important: This summary is provided for convenience only and does not modify or replace the full agreement. In the event of any conflict between this summary and the full agreement, the full agreement controls.

1. Definitions

For purposes of these Terms:

“Addenda” means any incorporated agreements, addenda, order, Pilot Program Addenda, Professional Services Addenda, Data Processing Addenda, policies, or supplemental terms governing specific Services or features.

“Authorized User” means any employee, contractor, representative, administrator, Creator, or other individual authorized by Customer to access or use the Services.

“Company,” “DestinationHub,” “we,” “us,” or “our” means Programmatic LLC, doing business as DestinationHub.

“Creator” means a Customer or Authorized User who uploads, manages, publishes, or controls Creator Content through the Services.

“Creator Content” means any text, images, audio, video, maps, tours, metadata, links, files, or other content uploaded, submitted, displayed, or distributed through the Services by or on behalf of Customer or its Authorized Users.

“Customer” means the organization, business, entity, or individual accepting these Terms or using the Services.

“Customer Data” means data, content, files, materials, or information submitted to or processed through the Services by or on behalf of Customer, including Creator Content.

“Documentation” means any user guides, onboarding materials, help center content, implementation instructions, technical documentation, or support materials made available by DestinationHub.

“Designated Age” means the minimum age required for a person to lawfully consent to the processing of their Personal Data under applicable law in their jurisdiction. Unless a higher age is required by applicable law, the Designated Age is thirteen (13) years old.

“End User” means an individual who accesses, views, interacts with, or uses Creator Content or publicly available portions of the Services but is not acting as a Customer administrator or Creator.

“Fees” means subscription fees, setup fees, implementation fees, service fees, pilot fees, usage fees, or any other amounts payable under these Terms or applicable Addenda.

“Order” means any online checkout, subscription purchase, cart transaction, invoice acceptance, electronic purchase flow, service activation, or other ordering process through which Customer purchases, activates, upgrades, or renews access to the Services or Professional Services.

“Pilot Services” means beta, pilot, pre-release, early-access, experimental, limited-release, or trial functionality made available by DestinationHub.

“Professional Services” means optional onboarding, implementation, setup, migration, mapping, consulting, content entry, training, support, or other human-performed services provided by DestinationHub and governed by the Professional Services Addendum.

“Services” “Services” means the DestinationHub platform, website, software, applications, hosted tools, interactive experiences, content management functionality, and related SaaS offerings made available by DestinationHub, excluding Professional Services unless expressly stated otherwise.

“Subscription” means Customer’s purchased or authorized access to the Services during an applicable subscription term.

“Terms” means these Terms of Service together with all incorporated Addenda and policies.

2. About Our Service

DestinationHub provides a software platform designed to help organizations create engaging digital maps, tours, and interactive experiences. To keep things clear, we divide the people who interact with our platform into two groups:

Creators (Business Customers): Organizations or individuals who create accounts, manage content, and publish experiences through our administrative interface. Creators may authorize employees, contractors, or other representatives (“Authorized Users”) to access and use the Services on their behalf.

End Users (Visitors): Individuals who view and interact with the content published by Creators. End Users do not create accounts on DestinationHub and are not directly identified by our platform. DestinationHub does not have a direct contractual relationship with End Users. These Terms do not create any rights for End Users against DestinationHub, and End Users are not third-party beneficiaries of this agreement.

End Users may access or interact with Creator Content subject to these Terms where applicable to their use of publicly available portions of the Services. However, End Users are not Customers, do not purchase subscriptions directly from DestinationHub, and are not intended third-party beneficiaries of any agreement between DestinationHub and a Customer.

DestinationHub owes no duty of care, supervision, or protection to End Users. Any interaction with Creator Content is undertaken at the End User’s own risk.

2.1 Age Requirements and Eligibility

Our services are designed for general audiences and business use. We do not direct our platform toward children. While the maps and tours built by Creators might be accessed in educational or supervised settings, you must be at least 18 years old (or the age of majority in your jurisdiction) to create a Creator account.

2.3 Service Availability

We work hard to ensure DestinationHub is reliable and available when you need it. However, software is inherently complex, and we occasionally need to perform maintenance or push updates. Because of this, we cannot guarantee uninterrupted access to the platform, and we are not liable for any downtime.

3. Your Account

This section applies specifically to Creators who register for an account on DestinationHub.

3.1 Registration and Accuracy

To build and publish content, you must create an account. When you register, we ask that you provide accurate, current, and complete information, including your name, email, and billing details. Keeping this information up to date ensures we can contact you about important platform changes or billing matters.

3.2 Account Security

You are the first line of defense for your account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Please do not share your password with unauthorized individuals. If you suspect someone has gained unauthorized access to your account, you must notify us immediately at info@destinationhub.io.

3.3 Authorized Users and Organizational Accounts

If you create an account on behalf of an organization, you may permit employees, contractors, or other authorized individuals (“Authorized Users”) to access and use the Services under your account.

You are fully responsible for all activities conducted by your Authorized Users and for ensuring that they comply with these Terms.

Any act or omission by an Authorized User will be deemed to be an act or omission by you.

You are responsible for managing access to your account, including adding or removing Authorized Users as appropriate. You must ensure that only individuals with appropriate authority access the Services.

We have no obligation to verify the identity or authority of any individual accessing your account.

You agree that your organization remains fully liable for all use of the Services under its account, including any actions taken by Authorized Users.

3.4 Account Termination by You

You have the right to close your Creator account at any time through your account settings or by contacting our support team. Upon termination, your published maps and tours will no longer be accessible to End Users.

4. Acceptable Use

We want DestinationHub to be a safe, reliable tool for everyone. To achieve that, we have established clear boundaries on how the platform can be used.

4.1 What You Can Do

We encourage Creators to build innovative, helpful, and engaging digital experiences for their audiences. You are free to use the platform's features to their fullest extent to support your organization's goals, provided you respect the rights of others and follow the law.

4.2 Prohibited Actions

To protect our platform and users, you agree not to:

• Publish content that is illegal, harmful, threatening, abusive, or highly offensive.

• Upload viruses, malware, or any malicious code that could harm our systems or the devices of End Users.

• Attempt to reverse-engineer, decompile, or hack the DestinationHub platform.

• Use automated systems (like bots or scrapers) to extract data from our platform without our permission.

• Publish content that violates the privacy rights or intellectual property rights of others.

4.3 Consequences of Violations

We may take any action we determine necessary or appropriate in our sole discretion, including immediate suspension or termination without notice, removal of content, and cooperation with law enforcement where applicable.

5. Educational, Classroom, and Minor Use

The Services are general informational, engagement, and content-delivery tools and are not designed or intended to function as:

• a school management system;

• a regulated educational technology platform;

• a child-directed online service;

• a student monitoring or attendance system;

• an emergency response or safety system;

• or a substitute for educator, parent, guardian, or adult supervision.

The Services are intended for use by individuals who are at least thirteen (13) years old, or such higher minimum age required under applicable law in the relevant jurisdiction (“Designated Age”).

Programmatic LLC does not knowingly provide the Services directly to children under the Designated Age or knowingly collect Personal Data directly from such individuals except as directed by Customer and permitted by applicable law.

If Customer, Creator, educator, school, organization, venue, museum, farm, attraction, or other operator uses the Services in connection with minors, students, educational programs, school activities, field trips, or individuals under the Designated Age, such party represents, warrants, and agrees that it:

• is solely responsible for compliance with all laws applicable to minors, students, educational activities, and child privacy;

• has obtained all necessary rights, notices, disclosures, permissions, and parental or guardian consents required by applicable law;

• will provide all legally required supervision and oversight;

• will not rely on the Services for student monitoring, attendance tracking, emergency response, childcare, or participant safety functions;

• and remains solely responsible for all Creator Content, Experiences, activities, locations, interactions, and operational decisions involving minors or students.

DestinationHub does not represent or warrant compliance with FERPA, COPPA, state student privacy laws, safeguarding requirements, accessibility laws, or other laws governing minors, educational institutions, or student data unless expressly agreed in writing.

Customer further agrees to defend, indemnify, and hold harmless Programmatic LLC and DestinationHub from and against any claims, damages, liabilities, losses, costs, and expenses arising out of or relating to:

• use of the Services in connection with minors, students, or educational settings;

• alleged failures to obtain required consents or permissions;

• educational, supervision, accessibility, or safety obligations;

• or Customer’s violation of laws relating to minors, education, or student data.

DestinationHub reserves the right, in its sole discretion, to restrict, suspend, or terminate use of the Services involving minors or educational settings where such use may create legal, regulatory, operational, or safety risk.

6. Content & Intellectual Property

We believe in a fair balance of ownership. You own your stuff, and we own ours.

6.1 Our Intellectual Property

DestinationHub owns all rights, title, and interest in the DestinationHub platform. This includes the software, design, interface, underlying code, and our branding. We grant Creators a limited, non-exclusive, non-transferable license to use our platform to create and manage content, subject to these Terms.

6.2 Your Content

Creators retain full ownership of all the data, text, images, and other materials they upload to the platform ("Creator Content"). We do not claim ownership of your maps or tours.

By uploading content to DestinationHub, you grant us a worldwide, royalty-free license to host, store, display, and distribute your content solely for the purpose of operating the platform and making your experiences available to your End Users. You are solely responsible for ensuring you have the right to publish the content you upload.

5.3 License to Customer Materials

Customer grants DestinationHub a non-exclusive, worldwide, royalty-free license during the applicable Subscription Term to host, copy, process, transmit, modify, format, display, reproduce, and otherwise use Customer Materials and Creator Content solely as reasonably necessary to provide, maintain, support, improve, and operate the Services and Professional Services.

5.4 Copyright and DMCA Takedowns

We respect the intellectual property rights of others and expect our Creators to do the same. If you believe that content hosted on DestinationHub infringes upon your copyright, please send a notice to our designated Copyright Agent:

Brian Richards

Email: copyright@destinationhub.io

Your notice should include a description of the copyrighted work, where it is located on our platform, your contact information, and a statement that you have a good faith belief that the use is unauthorized.

7. Additional Services

We may offer optional Professional Services, including but not limited to data entry, onboarding support, or custom development.

Any such Professional Services will be governed by a separate statement of work, Order, or Professional Services addendum. In the event of a conflict between these Terms and a Professional Services addendum, the Professional Services addendum will control with respect to the Professional Services.

8. Payments & Billing

If you are a Creator using a paid version of DestinationHub, the following payment terms apply.

8.1 Pricing and Billing Cycles

We strive for complete pricing transparency. The fees for our services are clearly outlined during the sign-up process. By providing a payment method, you authorize us to charge your account for the subscription fees on a recurring basis (e.g., monthly or annually) depending on the plan you select.

By purchasing a subscription, you expressly acknowledge and agree that your subscription will automatically renew at the end of each billing cycle unless canceled prior to renewal. You authorize us to charge your payment method on a recurring basis without further authorization from you, until you cancel. You may cancel your subscription at any time through your account settings, and cancellation will take effect at the end of the current billing period. You are responsible for reviewing renewal dates and managing your subscription accordingly.

8.2 Taxes

Fees are exclusive of applicable taxes, duties, levies, tariffs, withholding obligations, or governmental assessments of any kind, including sales, use, value-added, goods and services, or similar transaction taxes, unless expressly stated otherwise in writing.

Customer is solely responsible for all taxes associated with its purchase or use of the Services, except for taxes based on DestinationHub’s net income, property, or employees.

If DestinationHub is required to collect or remit taxes under applicable law, such taxes may be added to invoices, Orders, or checkout charges and Customer agrees to pay such amounts.

Customer is responsible for providing any valid tax exemption documentation prior to purchase if claiming exemption status.

8.3 Order and Subscription Controls

Customer purchases and subscriptions may be completed through online checkout flows, electronic purchase confirmations, invoices, or other ordering mechanisms authorized by DestinationHub.

Each completed checkout or purchase constitutes an “Order” governed by these Terms and any applicable incorporated Addenda.

No separately signed agreement is required unless expressly stated by DestinationHub in writing.

8.4 Subscription Changes and Cancellation

You can upgrade, downgrade, or cancel your subscription at any time through your account dashboard. If you cancel, your subscription will remain active until the end of your current billing cycle, after which you will not be charged again.

8.5 Refund Policy

Because we offer a digital service with immediate access to our tools, subscription fees are generally non-refundable. We do not provide prorated refunds for partial months of service or for unused time if you choose to cancel early. However, if you believe there has been a billing error, please contact us so we can make it right.

8.6 Price Changes

We may occasionally adjust our pricing as we add new features and value to the platform. If we change the price of your active subscription, we will provide you with advance notice so you can decide whether to continue using the service.

8.7 Payment Failure Rights

We reserve the right to suspend or terminate access to the Services if payment is not received when due.

9. Privacy

Protecting data is a core priority for DestinationHub. Because our platform serves a global audience, our practices are designed to align with generally recognized privacy principles and applicable data protection laws, which may include frameworks such as GDPR, UK GDPR, PIPEDA, and CCPA/CPRA depending on the context of use.

9.1 How We Handle Data

Our data responsibilities depend on the type of user:

• For Creators: We act as a "Data Controller" for your account, billing, and business information. We collect this data to provide the service and process your payments.

• For End Users: We act as a "Service Provider" or "Data Processor." We do not require End Users to create accounts. Any data collected from End Users is intended to be limited in scope and used in aggregated or de-identified form where feasible to improve the platform. Creators are responsible for ensuring that any personal data they choose to include in their published content complies with applicable privacy laws.

For complete details on our data practices, your privacy rights, and how to exercise them, please review our comprehensive Privacy Policy. If you have specific privacy-related requests, you can email us directly at privacy@destinationhub.io.

10. Disclaimers & Limitations

We want to be honest about what our software can and cannot do.

10.1 "As Is" Service

DestinationHub is provided on an "as is" and "as available" basis. While we strive to provide a stellar experience, we do not make any warranties, express or implied, regarding the platform's fitness for a particular purpose, merchantability, or non-infringement. We do not guarantee that the service will be entirely free of bugs or errors.

10.2 Content Disclaimer

Creators are solely and exclusively responsible for the accuracy, safety, and legality of the maps, tours, and experiences they publish. DestinationHub does not verify or guarantee the accuracy of Creator Content and assumes no liability for any errors, omissions, or real-world consequences resulting from End Users accessing or following such content.

The Services do not constitute professional, safety, or navigation advice.

DestinationHub does not provide safety guidance, navigation assurances, or supervision of physical environments. Use of the Services may involve real-world locations that present inherent risks. Creators and End Users are solely responsible for verifying conditions, ensuring safety, and exercising independent judgment when engaging with any physical location or activity. DestinationHub is not responsible for injuries, damages, or losses arising from real-world activities associated with Creator Content. DestinationHub does not inspect, maintain, or control any physical locations referenced in Creator Content and disclaims all responsibility for conditions at such locations.

You acknowledge that any reliance on Creator Content or outputs of the Services is at your own risk, and DestinationHub shall not be liable for any decisions or actions taken based on such content.

The Services are informational tools only and are not intended to replace adult supervision, emergency services, accessibility accommodations, professional judgment, or on-site safety procedures.

DestinationHub has no obligation to monitor, review, or verify Creator Content, although we may do so at our discretion.

To the fullest extent permitted by law, DestinationHub disclaims any duty of care, supervision, or protection with respect to End Users or any third parties interacting with Creator Content or real-world locations.

10.3 Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of your use of the platform. In no event shall our aggregate liability to you exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim. If the foregoing limitation is found to be unenforceable, the parties agree that liability shall be limited to the maximum extent permitted by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless DestinationHub, its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Services

• Your Creator Content

• Your violation of these Terms

• Your violation of any applicable law or regulation

• Your use of the Services in connection with End Users or third parties, including any claims arising from real-world interactions, physical locations, or reliance on Creator Content

• Your use of the Services in connection with minors, students, or educational environments

• Any dispute between you and your Authorized Users, End Users, or third parties arising from your use of the Services

DestinationHub reserves the right to assume exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate with such defense. This section survives termination or expiration of these Terms.

12. Dispute Resolution

If we have a disagreement, we want to resolve it fairly and efficiently.

12.1 Informal Resolution First

Before filing any formal legal claim, you agree to try resolving the dispute informally by contacting us at info@destinationhub.io. We will try to resolve the issue in good faith. If the dispute is not resolved within 30 days of your initial email, either party may initiate formal proceedings.

12.2 Binding Arbitration

YOU AND DESTINATIONHUB WAIVE ANY RIGHT TO A JURY TRIAL. Any dispute arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

The arbitration shall take place in Jefferson County, Colorado, unless otherwise agreed. The arbitration may be conducted in person, by telephone, or through written submissions.

If applicable law prohibits mandatory arbitration for a particular Customer, the parties agree that exclusive jurisdiction and venue shall lie in the state or federal courts located in Jefferson County, Colorado.

12.3 Class Action Waiver

You and DestinationHub agree that all claims must be brought in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

12.4 Costs

Each party will bear its own attorneys’ fees and costs unless otherwise required by law or awarded by the arbitrator.

12.5 Small Claims Option

Either party may bring an individual claim in small claims court if eligible.

12.6 Opt Out

You may opt out of this arbitration agreement by providing written notice within 30 days of first accepting these Terms.

13. Changes & Termination

Business needs and laws change, which means these Terms will occasionally need to be updated.

13.1 Modifying These Terms

We reserve the right to modify these Terms at any time. If we make material changes that affect your rights or obligations, we will notify Creators via email or through a prominent notice on the platform before the changes take effect. Your continued use of DestinationHub after the effective date constitutes your acceptance of the updated Terms.

13.2 Our Right to Terminate

We reserve the right to suspend or terminate your access to DestinationHub at any time, with or without notice, and at our sole discretion, including if you breach these Terms, fail to pay fees, or engage in conduct that harms our platform or other users. We are not liable for any loss of data, content, or business resulting from suspension or termination.

14. Electronic Acceptance

Customer agrees that electronic acceptance, including acceptance through online checkout flows, clickwrap agreements, account registration, payment submission, or continued use of the Services, constitutes legally binding acceptance of these Terms and any incorporated Addenda.

Customer agrees that electronic records and acceptance logs maintained by DestinationHub may be used as evidence of assent, purchase authorization, and agreement formation.

15. Order of Precedence

In the event of a conflict between these Terms and any incorporated agreement, the following order of precedence applies solely with respect to the specific subject matter addressed by the conflicting terms:

1. Any executed Order or checkout-confirmed purchase terms;

2. The Data Processing Addendum (solely for privacy and data processing matters);

3. The Pilot Program Addendum (solely for pilot services);

4. The Professional Services Addendum (solely for Professional Services);

5. These Terms

6. The Privacy Policy and Cookie Policy (solely for privacy and data handling disclosures);

7. Any website policies or informational materials.

Except as expressly modified by an applicable addendum or written agreement, these Terms remain in full force and effect.

16. General Legal

These final provisions ensure our agreement is legally sound.

Severability: If any part of these Terms is found to be unenforceable or invalid by a court, that specific section will be modified to reflect the parties' original intent as closely as possible, and the rest of the Terms will remain in full effect.

Entire Agreement: These Terms, together with any incorporated policies or addenda (including but not limited to the Privacy Policy, Cookie Policy, Data Processing Addendum, Professional Services Addendum, and any applicable Order or pilot program addenda), constitute the entire agreement between you and us regarding your use of DestinationHub.

In the event of a conflict between these Terms and any addendum or Order, the terms of the applicable addendum or Order will control solely with respect to the subject matter of that addendum.

Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms, such as in the event of a merger or acquisition.

Force Majeure: We are not liable for any failure or delay resulting from causes beyond our reasonable control, including acts of God, natural disasters, internet outages, or third-party service failures.

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17. Contact Information

We value open communication. If you have any questions, concerns, or feedback regarding these Terms or our services, please reach out to us. We aim to respond to all inquiries promptly.

• Privacy Inquiries & Data Rights: privacy@destinationhub.io

• DSAR submission: Privacy Requests link in website footer

• Cookie controls: “Cookies” link in website footer

• General Contact: info@destinationhub.io

• Copyright/DMCA Issues: Brian Richards, DMCA Agent, at copyright@destinationhub.io

• Website: https://destinationhub.io/

Programmatic LLC, doing business as DestinationHub