Terms of Service

These Terms of Service (these “Terms”) govern your access to and use of the travel services provided by Miso Intelligence, a Delaware corporation (“Miso,” “we,” “us,” or “our”), including our mobile application, our web platform, and our messaging-based concierge service (together, the “Service”). By creating an account or using the Service, you agree to these Terms.

Please read Section 4 and Section 5 carefully. Together they appoint Miso as your agent for travel purposes and authorize us to arrange travel and present your payment credentials to travel providers on your behalf, in many cases without asking you to approve each individual transaction. Section 20 requires most disputes to be resolved by binding individual arbitration and waives your right to a jury trial and to participate in a class action.

1. Acceptance and Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service, you represent that you meet these requirements and that the information you provide is accurate.

You may arrange travel for other individuals through the Service. If you do, you represent that you are authorized to act for each such traveler, to provide their personal information to us, and to bind them to these Terms as they apply to travelers. You remain responsible for all activity conducted under your account.

2. The Service

Miso arranges travel on your behalf. The Service combines automated systems, including artificial intelligence, with human travel specialists. We search for travel options, make and modify reservations, manage loyalty program benefits, and, where you request it, complete airline check-in and related servicing tasks.

Miso does not own, operate, or control any airline, hotel, or other travel provider. We are a travel agent acting for you, not a seller or provider of travel services. All transportation and accommodation is provided by third parties and is subject to their own terms, conditions, and contracts of carriage.

3. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at legal@miso.com if you believe your account has been accessed without your authorization.

4. Appointment as Your Travel Agent

4.1 Appointment

You appoint Miso as your agent and attorney-in-fact, for the limited purposes described in this Section 4, to arrange, purchase, modify, and service travel and related products and services for you and for any traveler you add to your account. This appointment is a limited agency for travel purposes only. It does not authorize Miso to act for you in any other capacity.

4.2 Scope of Authority

Subject to the Travel Parameters described in Section 4.4, you authorize Miso to:

• search for, select, reserve, purchase, modify, rebook, and cancel flights, accommodations, ground transportation, and ancillary travel products in your name;
• communicate with airlines, hotels, travel providers, and their agents in your name and on your behalf;
• complete airline check-in and provide the traveler information airlines require for check-in, including the Secure Flight information described in Section 7;
• select and change seats, add or remove checked baggage, and manage other reservation elements;
• create, access, and maintain accounts you hold with travel providers and loyalty programs, and apply your loyalty benefits, points, miles, and certificates to your travel;
• submit refund, credit, compensation, and disruption claims on your behalf, and receive correspondence relating to them; and
• present your stored payment credentials to travel providers in accordance with Section 5.

4.3 Standing Authority

You agree that the authority granted in Section 4.2 is standing and continuing. Miso may act within that authority without seeking your approval for each individual action or transaction, including when you are not actively engaged in a conversation with us. You may change the scope of that authority at any time as described in Section 4.4 and Section 4.6.

4.4 Travel Parameters

You may set parameters that limit how Miso exercises its authority, including maximum amounts per booking, maximum amounts per period, permitted cabins or fare classes, permitted providers, and any categories of action that require your approval before Miso proceeds (“Travel Parameters”). Travel Parameters are available in your account settings and may also be established in conversation with Miso.

Miso will act within your Travel Parameters. If no Travel Parameters are set, Miso will act within the default parameters published in the Service, which you may review at any time. Where a request cannot be fulfilled within your Travel Parameters, Miso will ask you before proceeding.

4.5 Matters Requiring Your Direct Response

Certain matters cannot be delegated and require a response from the individual traveler. Miso will not answer these on your behalf, and will contact the traveler directly. These include:

• any acknowledgment or declaration concerning hazardous materials, dangerous goods, or restricted items in baggage;
• any attestation concerning the contents of a traveler’s baggage or the traveler’s physical possession of any item;
• any representation concerning a traveler’s health, medical condition, fitness to fly, or need for special assistance, unless the traveler has separately provided that information to us for that purpose; and
• any representation concerning a traveler’s immigration status, visa eligibility, or admissibility to a destination.

Where a travel provider requires such a response as a condition of check-in or travel, Miso will present the provider’s own notice and question to the traveler and will not proceed until the traveler has responded.

4.6 Duration and Revocation

This appointment takes effect when you accept these Terms and continues until you revoke it or your account is closed. You may revoke or narrow it at any time by changing your Travel Parameters, by notifying Miso in the Service, or by writing to legal@miso.com. Revocation applies prospectively and does not affect reservations already made or obligations already incurred, which remain subject to the applicable travel provider’s terms.

5. Payment Authorization

5.1 Stored Payment Methods

You may store one or more payment methods with the Service. Payment card details are tokenized and encrypted through our payment security providers and are held in that protected form. You represent that you are authorized to use each payment method you store and to permit the charges described in this Section 5.

5.2 Authority to Present Payment Credentials

You authorize Miso, as your agent, to present your stored payment credentials to travel providers in order to purchase, modify, or hold travel arranged under Section 4, and to authorize charges by those providers to that payment method. This authorization is standing and continuing, is subject to your Travel Parameters, and applies whether or not you are present at the time the charge is made.

5.3 Miso Is Not the Seller of Travel

Except for Miso’s own fees described in Section 5.4, Miso is not the merchant of record for travel you purchase through the Service. Charges for flights, accommodations, and other travel products are made by the applicable travel provider, and your contract for those services is with that provider. Miso presents your payment credentials to the provider as your agent and does not itself charge you for travel.

5.4 Miso Fees

Miso charges subscription and service fees, including fees for changes and cancellations, as described in the Service. Miso is the merchant of record for those fees. Subscription fees recur on the stated cycle until cancelled. You may cancel your subscription at any time, effective at the end of the then-current billing period. Fees already paid are not refundable except where required by law.

5.5 Currency and Third-Party Charges

Travel providers may charge in foreign currencies and your card issuer may apply foreign transaction fees and its own exchange rate. Miso is not responsible for those amounts.

6. Confirmations, Changes, and Cancellations

Miso will notify you when a reservation is made, changed, or cancelled on your behalf.

Changes and cancellations are subject to the applicable travel provider’s fare rules and fees and to any Miso fees described in Section 5.4. If a reservation made on your behalf is not what you wanted, contact Miso promptly and we will help change or cancel it where the provider’s terms allow.

7. Traveler Information and Accuracy

To arrange travel and complete check-in, Miso collects and stores traveler information that airlines and governments require. This includes legal name, date of birth, sex as designated on the traveler’s identification, passport number and expiration, Known Traveler Number, and redress number.

You are responsible for the accuracy of all traveler information you provide and for keeping it current, including when a passport is renewed or replaced. Miso relies on the information you provide and does not independently verify it. Miso will not supply, infer, estimate, or reconstruct traveler information that you have not provided.

Providing false or inaccurate information to an airline or to a government authority may carry civil and criminal consequences for the traveler, and may result in denied boarding at the traveler’s expense. Miso is not responsible for consequences arising from information you provide that is inaccurate or out of date.

8. Security and Dangerous Goods

Airlines and aviation authorities restrict the items travelers may carry in checked and carry-on baggage. These restrictions include, among other things, explosives, compressed gases, flammable liquids and solids, oxidizers, corrosives, lithium batteries above specified limits, and certain aerosols.

Before check-in is completed on a traveler’s behalf, Miso will present the applicable airline’s dangerous goods notice to that traveler and will obtain the traveler’s response. The traveler is solely responsible for the contents of their baggage and for compliance with all applicable restrictions. Miso does not inspect baggage and cannot verify its contents.

9. Travel Providers

Travel arranged through the Service is provided by third parties and is subject to their terms, conditions, fare rules, and contracts of carriage. Those terms govern cancellation, changes, refunds, baggage, denied boarding, delay, and compensation. Miso will make those terms available to you or tell you where to find them, but Miso is not a party to them and is not responsible for a travel provider’s acts, omissions, performance, insolvency, schedule changes, or cancellations.

10. Connected Accounts

If you connect an email, calendar, or loyalty program account to the Service, you authorize Miso to access that account to identify travel confirmations, itineraries, loyalty balances, and related information, and to use that information to provide the Service. You may disconnect a connected account at any time in your account settings. Disconnection applies prospectively.

11. Artificial Intelligence in the Service

The Service uses artificial intelligence, including models provided by third parties, to interpret your requests, to search and evaluate travel options, and to carry out the tasks you authorize. Information you provide in your conversations with Miso, together with relevant traveler profile information, may be processed by those providers for the purpose of delivering the Service. Payment card details are not provided to those model providers.

Our Privacy Policy describes what information is processed and for what purpose. You may contact Miso at any time to request that a human specialist handle your request.

Automated systems can make errors. Section 6 explains what to do if a transaction made on your behalf is not what you wanted.

12. Acceptable Use

You agree not to:

• provide false, misleading, or fraudulent information, including traveler identity or travel document information;
• use the Service to arrange travel for a person who has not authorized you to do so;
• use the Service in violation of any airline’s fare rules, terms of use, or contract of carriage;
• resell, redistribute, or commercially exploit the Service or any reservation made through it without our written consent;
• scrape, reverse engineer, or interfere with the Service or attempt to access it by automated means; or
• use the Service for any unlawful purpose.

13. Intellectual Property

The Service, including its software, interfaces, and content, is owned by Miso and its licensors and is protected by intellectual property laws. Subject to these Terms, Miso grants you a limited, revocable, non-exclusive, non-transferable license to use the Service for your personal travel purposes.

14. Feedback

If you provide suggestions or feedback about the Service, you grant Miso a perpetual, irrevocable, royalty-free, worldwide license to use it without restriction or compensation.

15. Disclaimer of Warranties

Except as expressly stated in these Terms and to the fullest extent permitted by law, the Service is provided “as is” and “as available.” Miso disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Miso does not warrant that the Service will be uninterrupted or error free, that any particular fare, rate, or award availability will be obtained, or that any travel provider will perform.

16. Limitation of Liability

To the fullest extent permitted by law, Miso will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or lost travel opportunity, arising out of or relating to the Service, whether based in contract, tort, or any other theory.

To the fullest extent permitted by law, Miso’s total liability for all claims arising out of or relating to the Service in any twelve-month period will not exceed the greater of the fees you paid to Miso in that period or one hundred United States dollars.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, for willful misconduct, or for death or personal injury caused by negligence. Some jurisdictions do not allow certain limitations, in which case the limitations above apply only to the extent permitted.

17. Indemnification

You agree to indemnify and hold harmless Miso and its officers, directors, employees, and agents from any claim, liability, damage, or expense, including reasonable attorneys’ fees, arising out of your use of the Service, your violation of these Terms, the inaccuracy of information you provide, the contents of any traveler’s baggage, or your violation of any law or any travel provider’s terms.

18. Term, Suspension, and Termination

These Terms apply for as long as you use the Service. You may close your account at any time. Miso may suspend or terminate your access if you breach these Terms, if we are required to do so by law or by a travel provider, or if we reasonably believe continued access presents a risk of harm. Sections 5.4, 7, 9, 13 through 17, and 20 through 22 survive termination.

19. Changes to These Terms

Miso may change these Terms. We will post the updated Terms in the Service and update the Effective Date. If a change materially reduces your rights or expands Miso’s authority under Section 4 or Section 5, we will provide notice before it takes effect and, where required, obtain your agreement. Continued use after a change takes effect constitutes acceptance.

20. Dispute Resolution and Arbitration

Please read this Section carefully. It affects your legal rights.

Informal resolution. Before starting arbitration, you agree to contact Miso at legal@miso.com and describe the dispute. The parties will attempt in good faith to resolve it for sixty days.

Arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will take place in New York, New York, or by videoconference or on written submissions at your election. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. Disputes will be arbitrated only on an individual basis. You and Miso waive any right to bring or participate in a class, collective, consolidated, or representative action. If this waiver is found unenforceable as to any claim, that claim will proceed in court and the remaining claims will be arbitrated.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information.

Opt out. You may opt out of this arbitration agreement by writing to legal@miso.com within thirty days of first accepting these Terms. Opting out does not affect any other provision.

21. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of laws principles. If you are a consumer resident in a jurisdiction whose law provides you with protections that cannot be waived by agreement, nothing in these Terms deprives you of those protections.

22. General

These Terms and the Privacy Policy are the entire agreement between you and Miso regarding the Service. If any provision is held unenforceable, the remainder continues in effect. Miso’s failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; Miso may assign them in connection with a merger, acquisition, or sale of assets. Miso is not liable for any failure to perform caused by events beyond its reasonable control.

23. Contact

Miso Intelligence
legal@miso.com
54 W 21st St, Suite 607
New York, NY 10010