This End User License Agreement ("EULA") is a binding legal contract between you ("User" or "you") and Journey Rewards Inc., d/b/a Journey ("Journey," "Company," "we," or "us"). This EULA governs your download, installation, and use of the Journey Rewards mobile application for Apple iOS and Google Android (the "Application"), including all related features, functionality, content, and documentation.
This EULA supplements and is read together with the Journey Website & App Terms of Use, Loyalty Program Terms, Earning Terms, Privacy Policy, Cookie Policy, and SMS Terms, each of which is incorporated by reference. In the event of conflict between this EULA and the Website & App Terms of Use, the Website & App Terms of Use control, except with respect to matters specific to the Application (license grant, app store provisions, updates, device permissions, and Application intellectual property), as to which this EULA controls.
By downloading, installing, or using the Application, you:
- acknowledge that you have read, understood, and agree to be bound by this EULA, the Website & App Terms of Use, and the other agreements incorporated by reference;
- represent and warrant that you have reached the age of majority in your jurisdiction of residence and have the legal authority and capacity to enter into this EULA;
- represent and warrant that you are not a resident of, ordinarily located in, or accessing the Application from any jurisdiction subject to comprehensive US, UK, EU, or UN sanctions, and that you are not identified on any sanctions, denied-parties, or restricted-parties list maintained by any applicable governmental authority; and
- consent to electronic delivery of this EULA, notices, disclosures, and other agreements.
THIS EULA AND THE INCORPORATED WEBSITE & APP TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER (SECTION 14 OF THE WEBSITE & APP TERMS OF USE) THAT WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, EXCEPT WHERE PROHIBITED BY LAW.
If you do not agree to this EULA, you must not download, install, or use the Application.
1. License Grant
Subject to your continuing compliance with this EULA and the agreements incorporated by reference, Journey grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the Application for your personal, non-commercial use on a mobile device that you own or control. All rights not expressly granted are reserved by Journey.
2. License Restrictions
You will not, and will not permit any third party to:
(a) copy, modify, adapt, translate, or create derivative works of the Application or any part of it;
(b) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, or structure of the Application, except to the extent expressly permitted by applicable law that cannot be waived by contract;
(c) sell, lease, rent, sublicense, distribute, or otherwise commercially exploit the Application;
(d) remove, alter, obscure, or destroy any copyright, trademark, or other proprietary notices;
(e) circumvent, disable, or interfere with any security, access control, license-enforcement, or usage-monitoring features of the Application;
(f) use the Application in any manner that violates applicable law, the Website & App Terms of Use, the Loyalty Program Terms, the Earning Terms, or this EULA;
(g) use any bot, scraper, automated process, or non-human means to interact with the Application other than publicly documented APIs used in accordance with their terms;
(h) use the Application in connection with the development, training, fine-tuning, or evaluation of machine-learning or artificial-intelligence models, except as expressly authorized by Journey in writing; or
(i) attempt to do any of the foregoing, or assist any third party in doing any of the foregoing.
3. Account Registration & Eligibility
Use of the Application requires creation of a Journey Account, governed by the Website & App Terms of Use and, for loyalty features, the Loyalty Program Terms. Eligibility requirements (including age of majority, jurisdiction, and sanctions screening) are set forth in those agreements and apply to your use of the Application.
The Application is not directed to children. If Journey becomes aware that a child under the age of 13 has provided personal information through the Application, Journey will take steps to delete that information in accordance with applicable law. If you believe a child under 13 has provided personal information to Journey, please contact [email protected].
4. User Content
The Application may allow you to submit content, including reviews, photos, comments, preferences, feedback, and other information ("User Content"). Your submission of User Content is governed by Section 5 of the Website & App Terms of Use, which describes the license you grant to Journey in User Content and your representations regarding it.
5. Data Collection, Artificial Intelligence, and Privacy
5.1 Privacy Generally. Journey's collection, use, disclosure, and protection of personal data through the Application is described in the Privacy Policy. By using the Application, you acknowledge that you have read the Privacy Policy.
5.2 Device Permissions. The Application may request permission to access certain device features, such as location, camera, photos, contacts, push notifications, biometric authentication, or device identifiers, to deliver specific functionality. You may grant or deny these permissions, and you may revoke them at any time through your device settings. Some features may not function, or may function in a limited way, if you deny or revoke permissions.
5.3 Artificial Intelligence and Personalization. Certain features of the Application use artificial intelligence, machine learning, automated decision-making, and third-party AI service providers to personalize recommendations, surface content, identify trip ideas, support customer service, and process loyalty data. You acknowledge that:
(a) AI-generated outputs (including recommendations, summaries, and content suggestions) may be inaccurate, incomplete, or unsuitable for your purposes, and should not be relied on as the sole basis for decisions;
(b) Journey does not use your User Content or personal data to train third-party general-purpose AI models without your consent or another lawful basis;
(c) where AI processing is conducted by third-party service providers, those providers act under written agreements that restrict their use of your information;
(d) certain AI features may involve cross-border data transfer; where required by applicable law, Journey relies on appropriate safeguards (such as the EU-US Data Privacy Framework, UK Extension, or Standard Contractual Clauses); and
(e) where applicable law gives you the right to object to automated decision-making producing legal or similarly significant effects on you, you may exercise that right through the Privacy Policy.
5.4 No Warranty for AI Outputs. AI-generated outputs are provided "as is." Journey makes no representation that AI outputs are accurate, reliable, complete, or fit for any particular purpose. You are responsible for verifying AI outputs before relying on them.
6. Loyalty Program Features
The Application provides access to the Journey Rewards loyalty program. All loyalty features -- including earning, redemption, Status, Points, Credit Points and Cleared Points, awards, partner participation, communications, dispute resolution, and program changes -- are governed by the Loyalty Program Terms and the Earning Terms, not by this EULA. In the event of conflict between this EULA and those agreements with respect to loyalty matters, the Loyalty Program Terms and Earning Terms control.
7. Updates
Journey may issue updates, patches, bug fixes, security fixes, or enhancements to the Application ("Updates") from time to time. Updates may be required to maintain access to the Application or specific features. By using the Application, you consent to the automatic download and installation of Updates, subject to your device settings. Journey may add, modify, suspend, or discontinue any feature, content, or component of the Application at any time, with or without notice.
8. Prohibited Conduct
In addition to the license restrictions in Section 2, your use of the Application is governed by the acceptable-use requirements in Section 3 of the Website & App Terms of Use and the Member-conduct requirements in Section 9 of the Loyalty Program Terms. Violations may result in suspension or closure of your Account, forfeiture of Points and benefits, termination of this EULA, and civil or criminal liability.
9. Third-Party App Store Provisions
9.1 Apple App Store. If you downloaded the Application from the Apple App Store:
(a) this EULA is between you and Journey, not between you and Apple Inc. ("Apple"), and Apple is not responsible for the Application or its content;
(b) Apple has no obligation to provide any maintenance or support services with respect to the Application;
(c) in the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Application; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Journey;
(d) Apple is not responsible for addressing any claims you or any third party may have relating to the Application or your possession or use of the Application, including product-liability claims, claims that the Application fails to conform to any legal or regulatory requirement, and claims arising under consumer-protection or similar legislation;
(e) in the event of any third-party claim that the Application or your possession or use of the Application infringes that third party's intellectual property rights, Journey, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim;
(f) you represent and warrant that you are not located in a country subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country, and that you are not listed on any US government list of prohibited or restricted parties; and
(g) Apple and its subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance of this EULA, will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
9.2 Google Play. If you downloaded the Application from Google Play:
(a) this EULA is between you and Journey, not between you and Google LLC or its affiliates ("Google"), and Google is not responsible for the Application or its content;
(b) your use of the Application must comply with Google Play's then-current Terms of Service;
(c) Google is not a party to this EULA and has no obligations with respect to the Application; and
(d) Journey, not Google, is solely responsible for the Application and any claims relating to it, including product-liability claims, claims arising under consumer-protection or similar legislation, and intellectual-property-infringement claims.
9.3 Other Distribution Channels. If you obtained the Application through any distribution channel other than the Apple App Store or Google Play, additional terms of that channel may apply.
10. Open Source Software
The Application may include or link to open-source software components, each of which is subject to its own license. A list of open-source components and their applicable licenses is available through the Application's settings or by contacting [email protected]. To the extent any open-source license requires Journey to make available source code, modifications, or other materials, Journey will make those available as required by the applicable license. To the extent there is any conflict between this EULA and the terms of an open-source license, the open-source license terms control with respect to the relevant open-source components.
11. Termination
This EULA remains in effect until terminated. You may terminate this EULA at any time by uninstalling the Application and ceasing all use. Journey may terminate this EULA, or suspend your access to the Application, at any time in its sole discretion, including for violation of this EULA or any agreement incorporated by reference, suspected fraud, unlawful conduct, prolonged inactivity, or any other reason permitted by law.
Upon termination: (a) the license granted in Section 1 terminates immediately; (b) you must cease all use of the Application and uninstall it from all devices; and (c) Sections 2 (License Restrictions), 5 (Data Collection, AI, and Privacy), 8 (Prohibited Conduct), 9 (Third-Party App Store Provisions), 10 (Open Source Software), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15 (Export Control and Sanctions), 16 (Governing Law and Dispute Resolution), and 17 (Miscellaneous) survive.
Termination of this EULA does not, on its own, terminate your Journey Account or your Membership in the Loyalty Program; those are governed separately.
12. Disclaimers
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES IMPLIED BY COURSE OF DEALING OR USAGE OF TRADE. JOURNEY DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE APPLICATION OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR HARMFUL COMPONENTS, OR THAT ANY CONTENT IS ACCURATE, RELIABLE, OR COMPLETE.
NOTHING IN THIS EULA DISCLAIMS WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, INCLUDING CONSUMER-PROTECTION RIGHTS UNDER THE LAWS OF THE EUROPEAN ECONOMIC AREA, UNITED KINGDOM, AUSTRALIA, AND OTHER JURISDICTIONS.
13. Limitation of Liability
The limitation of liability in Section 12 of the Website & App Terms of Use applies to your use of the Application and is incorporated by reference. To the maximum extent permitted by law, Journey's total cumulative liability arising out of or relating to this EULA or your use of the Application will not exceed the greater of (a) US$100 or (b) the total amounts you have paid to Journey in the twelve (12) months preceding the event giving rise to the claim. Claims relating to Points, Status, awards, or other loyalty benefits are subject to the sole-remedy provision in Section 6.8 of the Loyalty Program Terms.
Nothing in this EULA limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or other matters that cannot be excluded or limited under the law of the European Economic Area, United Kingdom, Australia, or other applicable jurisdictions.
14. Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Journey, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your download, installation, or use of the Application; (b) your violation of this EULA or any agreement incorporated by reference; (c) your violation of any applicable law or any right of a third party; or (d) any User Content you submit through the Application. Journey reserves the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with Journey's defense.
15. Export Control and Sanctions
The Application is subject to US export control laws and regulations, as well as the export control and sanctions laws of other jurisdictions. You will not, and will not permit any third party to, export, re-export, or transfer the Application, directly or indirectly, to (a) any country, region, or person subject to comprehensive US, UK, EU, or UN sanctions; (b) any person on any US government list of restricted parties (including the OFAC Specially Designated Nationals List, the Bureau of Industry and Security Entity List, or the Department of State Debarred List), or on any similar list maintained by the United Kingdom, the European Union, the United Nations, or another applicable governmental authority; or (c) any end use prohibited by applicable export control or sanctions law.
16. Governing Law and Dispute Resolution
This EULA is governed by the laws of the State of New York, without regard to its conflict-of-laws principles, except where applicable consumer-protection laws in your jurisdiction of residence provide otherwise.
Any dispute, claim, or controversy arising out of or relating to this EULA or your use of the Application is subject to the dispute resolution, informal-resolution requirement, binding arbitration, class-action waiver, consumer-protection carve-out, opt-out right, and one-year time-bar provisions in Sections 14 and 16 of the Website & App Terms of Use, which are incorporated by reference, except where applicable consumer-protection laws in your jurisdiction of residence give you mandatory rights to bring claims in local courts or before local authorities.
17. Miscellaneous
17.1 Entire Agreement. This EULA, together with the agreements incorporated by reference, constitutes the entire agreement between you and Journey regarding the Application and supersedes all prior agreements relating to the Application.
17.2 Severability. If any provision of this EULA is held invalid or unenforceable, the provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
17.3 No Waiver. Journey's failure to enforce any provision of this EULA is not a waiver of its right to do so later.
17.4 Assignment. You may not assign or transfer this EULA or any of your rights or obligations under it without Journey's prior written consent. Journey may assign or transfer this EULA without restriction.
17.5 No Third-Party Beneficiaries. Except as expressly stated in Section 9.1 with respect to Apple, this EULA confers no rights on any person other than you and Journey.
17.6 Force Majeure. Journey is not liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, civil disturbance, governmental action, epidemic or pandemic, fire, flood, earthquake, labor disputes, internet or utility outages, or supplier failures.
17.7 Electronic Delivery. You consent to receive this EULA, notices, disclosures, and other agreements electronically. You may withdraw this consent by uninstalling the Application and closing your Account.
17.8 Notices. Notices to Journey may be sent to [email protected] or Journey Rewards Inc., [physical address]. Notices to you may be sent to the email or mailing address in your Account, or through in-Application notification.
17.9 Headings. Section headings are for convenience only and do not affect interpretation.
17.10 Translations. This EULA is written in English. Any translation is for convenience only; the English version controls in the event of a conflict.
17.11 US Government End Users. The Application is "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202. Any use of the Application by US government end users is governed solely by the terms of this EULA.
Contact: [email protected]
