Terms of Service

Vayana provides concierge and lifestyle management services on and around Koh Phangan, Thailand, such as arranging or facilitating bookings for transportation, accommodation, dining, wellness/spa, activities and tours, errands, and other practical assistance. We may coordinate with independent third-party providers (the "Providers") to fulfill your requests.

You must be at least 18 to use the Services. You are responsible for your account credentials and for any activity under your account. Keep your information accurate and up to date.

You agree to:

• Provide accurate information necessary to fulfill your requests (e.g., names, times, preferences, IDs where required by law or providers).
• Comply with applicable laws and the Providers' rules (e.g., cancellation windows, deposit requirements, house rules, safety rules).
• Ensure you have appropriate insurance for travel, medical, and activities. Vayana does not provide insurance or medical services.
• Use the Services only for lawful purposes and not for any prohibited uses (see section 10).

• We may provide estimates/quotes for our concierge service fees and pass-through Provider costs. Quotes are not binding until confirmed.
• Unless stated otherwise, prices are exclusive of taxes, surcharges, and third-party fees. VAT or other taxes may apply.
• You authorize us and our payment processors to charge your selected payment method for: (i) Vayana service fees; (ii) Provider charges and deposits; and (iii) any adjustments (e.g., changes you request, no-shows, damages claimed by Providers where you authorized us to act on your behalf).
• Currency will typically be THB (Thai Baht), EUR, or USD, as displayed during checkout or confirmation.

• Provider policies govern. Cancellations, changes, and refunds are generally subject to the relevant Provider's policy (e.g., hotel or tour operator). We will communicate such policies before you confirm.
• Vayana service fees are non-refundable once work on your request has begun, except where required by law.
• Where we process a refund on your behalf, refunds may be processed manually and returned via the original payment method where possible. Timing depends on your bank or payment provider.

You consent to receive communications related to your requests via email, phone, SMS, or messaging apps (e.g., WhatsApp/Telegram), and to us sharing necessary details with Providers to fulfill your request. Marketing communications require your consent and can be withdrawn at any time.

Vayana is not a medical provider, emergency service, or professional advisor. In an emergency, call local emergency numbers. We may assist on a reasonable efforts basis but do not assume any duty of care beyond what the law requires.

The Services, site/app content, and brand assets are owned by Vayana or its licensors and are protected by IP laws. You receive a limited, non-exclusive, revocable license to access and use the Services for personal or internal business purposes. Do not copy, modify, distribute, or create derivative works without permission.

If you submit reviews, photos, or other content ("User Content"), you grant Vayana a worldwide, non-exclusive, royalty-free license to use, reproduce, display, and distribute such content in connection with operating and promoting the Services. You represent that you own or have rights to your User Content and that it does not infringe others' rights.

You agree not to: (a) use the Services for any unlawful activity; (b) impersonate another person; (c) interfere with security or integrity; (d) attempt to reverse engineer the platform; (e) use automated means without permission; (f) post or transmit harmful or infringing content; or (g) circumvent booking or payment processes.

Except as expressly provided, the Services are provided "as is" and "as available." We disclaim all warranties, express or implied (merchantability, fitness, non-infringement). We do not guarantee the availability, quality, or suitability of any Provider services.

To the maximum extent permitted by law, Vayana will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our aggregate liability for any claim arising out of or relating to the Services shall not exceed the greater of (i) EUR 200 or (ii) the total Vayana service fees you paid in the 3 months preceding the event giving rise to the claim. Nothing limits liability for death or personal injury caused by negligence, fraud, or other liability that cannot be excluded by law.

You agree to indemnify and hold harmless Vayana and its directors, officers, employees, and agents from claims, damages, losses, and expenses (including reasonable legal fees) arising from your misuse of the Services, breach of these Terms, or violation of law or third-party rights.

We are not responsible for delays or failures due to events beyond our reasonable control (e.g., extreme weather, natural disasters, strikes, pandemics, failures of Providers or utilities, government actions).

You may stop using the Services at any time. We may suspend or terminate access if you breach these Terms or if required by law or for operational reasons. Upon termination, sections intended to survive (e.g., IP, disclaimers, liability, indemnity, governing law) shall survive.

These Terms are governed by Polish law (without regard to conflict-of-law rules). Courts in Warsaw, Poland shall have exclusive jurisdiction, except that if you are a consumer in the EEA/UK, you may bring claims in your country of residence and enjoy mandatory consumer protections under local law. The EU ODR platform may be available to EEA consumers for online dispute resolution.

We may update these Terms from time to time. We will post the updated Terms with a new effective date. Material changes will be notified where required by law. Continued use after changes means you accept the updated Terms.

KRAKEN SOLUTIONS SP Z O O
ul. Floriańska 6/02, 03-707 Warszawa, Polska
Email: support@vayana.app / legal@vayana.app