Terms of Service

Tutti Vacation Terms of Use and End User License Agreement Last Revised: September 2, 2025.

BY DOWNLOADING, ACCESSING, VIEWING, OR USING TUTTI VACATION’ SERVICES, YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AND END USER LICENSE AGREEMENT (“Terms of Use”). Terms used herein have the meanings ascribed in Section 18 below:

  1. Services Provided and Limitations. The Services only provide a venue, with tools and resources, for Users to connect with each other in order to secure or deliver childcare services. Users transact solely between themselves and Tutti Vacation is not a party to transactions between Users. All information, materials and/or content provided through the Services or Tutti Vacation social media accounts are for informational purposes only. Tutti Vacation reserves the right to review, improve, modify or discontinue, temporarily or permanently, the Services and/or any available features, information, materials or content.

TUTTI VACATION DOES NOT: employ, recommend, or endorse Users; control (and is not responsible for) any User’s conduct, either online or in person; make any representations or warranties about the quality of a User’s services or interactions/dealings between Users; verify User Content; or verify that the Eligibility Conditions are met by Users.

  1. User Responsibilities. USE OF THE SERVICES IS A YOUR SOLE AND EXCLUSIVE RISK. Users are fully and solely responsible for their own activities, including: exercising caution when connecting, meeting, or engaging with another User; conducting any background checks and obtaining references prior to engaging another User; making Your own decision whether to engage with another User; and maintaining the confidentiality of passwords and account information.

You are fully responsible for all activities occurring under Your account and will notify Tutti Vacation immediately of any unauthorized access.

ElectronicTransactions. Location Information. By using the Service, You agree to transact electronically and Your electronic consent is legally binding. The Services may implement a location feature that automatically collects Your geolocation information when You provide consent. The Services will then use and share Your location to enable Users to determine nearby Users, to provide information, and to advertise to Users. YOU MAY USE THE PRIVACY SETTINGS OR UNINSTALL THE APPS TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION. Tutti Vacation may communicate with You about the Services by SMS, text message, email or other electronic means. Your carrier’s normal, messaging, data and other rates and fees will apply.

Memberships, Renewals and Payment. Access to certain services and features of the Services may require a paid membership (“Paid Membership”). Tutti Vacation may offer limited-time, free trial memberships or other promotions which automatically convert to Paid Memberships if not canceled within a designated time. Upon Your registration for or conversion to a Paid Membership, You agree to pay Tutti Vacation the applicable membership fees at the current rate and authorize Tutti Vacation to charge Your chosen payment method. YOUR PAID MEMBERSHIP AUTOMATICALLY RENEWS AT THE END OF EACH TERM AT THE THEN CURRENT RATE UNLESS YOU CANCEL IN ADVANCE USING YOUR ACCOUNT SETTING, BY EMAIL ([email protected]) OR BY visiting this page on our website: https://www.tuttivacation.com/p/contact.

SERVICE AND BOOKING FEE Tutti Vacation charges a 10% booking fee on all customer reservations and a 10% service fee from service providers. Additional taxes will be charged according to your state. These fees are automatically applied at the time of booking and are non-refundable.

License. Tutti Vacation grants You a personal, revocable, nonexclusive, nontransferable license to use the Services and to download and use the Apps on Your mobile device, solely for Your personal, noncommercial use for the term You selected. The Services will be in the form determined by Tutti Vacation in its sole and exclusive discretion. Tutti Vacation reserves the right to limit Your access to the Services at any time and for any reason. This license is revocable at any time. Any use of the Services or the Tutti Vacation Content other than for its intended purpose as specifically authorized herein, is strictly prohibited and will result in immediate termination of Your license, including the following activities: modifying the Services or Tutti Vacation Content or creating derivative works therefrom; using any data mining, robots or similar data gathering or extraction methods; copying, reselling, distributing, using or exploiting the Services or Proprietary Materials for any other purpose, commercial or noncommercial; accessing or harvesting information through artificial means; or attempting to discover any source code or reverse engineering.

Tutti Vacation reserves all rights in and to the Services not expressly granted herein. Tutti Vacation or its licensors own the Services and Proprietary Material, which are protected by copyright law, patents, and other laws. Use of the Services and Proprietary Material, other than as permitted herein, is expressly prohibited.

  1. Eligibility. You must to meet the following eligibility conditions to use the Service: You are at least eighteen (18) years old; You will comply with all laws, rules and regulations applicable to Your use of the Services, including those related to working conditions, wage and hour, and legal authorization to work; and You (and anyone present at the care service location) have not been convicted of a crime, are not the subject to a restraining order, are not out on bail or pending trial, and are not required to register as a sex offender.

Tutti Vacation may elect to verify Your eligibility or any information You have provided, and Your failure to cooperate in this verification may result in Your termination.

  1. Prohibited Conduct; Suspension and Termination. Tutti Vacation, in its sole and exclusive discretion for any reason or no reason at all and with or without prior notice, may restrict access, suspend or remove a User, and/or delete an account. Users who engage in any action that interferes with another’s use or enjoyment of the Services, or which could negatively affect the Services will be removed. These Terms of Use will remain enforceable if an account is suspended or removed.

The following conduct is prohibited and grounds for removal: failing comply with the License terms (Section 4) or to meet Eligibility Conditions (Section 5); providing false or misleading information; allowing others to use Your username, password or membership, or impersonating others; using the Services or User Content for other purposes, including advertising, offering other goods or services, or for other employment; attempting to gain unauthorized access to the Service, User accounts, or a device, computer system or network connected to the Service; engaging in defamatory, abusive, or threatening conduct or posting inappropriate content; engaging in any behavior which may be illegal (which may also be reported to local authorities; uploading files that contain malware, viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or other items that may damage or impact a device, system or network; spamming, or promoting pyramid schemes, chain letters, surveys or contests; collecting User Content or any other information, materials or content obtained through the Service; or misusing or misappropriating information, through manual or automated means.

  1. Third-Party Services and Content. Tutti Vacation provides access to Third Party Services (such as payment processing and background checks through third parties) and Content (such as social media sites) solely for convenience. Tutti Vacation does not provide, control, or endorse Third-Party Services or Content. USE OF THIRD-PARTY SERVICES AND CONTENT IS AT YOUR OWN RISK AND TUTTI VACATION IS NOT RESPONSIBLE FOR THEIR ACCURACY, QUALITY, OR SECURITY, OR A THRID PARTY’S BUSINESS PRACTICES AND POLICES.

  2. User Content. Tutti Vacation is a passive conduit for and does not verify User Content. Users are solely responsible for the User Content they post, submit or transmit through the Services. You represent and warrant that You own or have the right to the User Content You provide, and grant to Tutti Vacation an irrevocable, perpetual, fully paid, worldwide, unlimited license to use, copy, display, reproduce, adapt, modify, prepare derivative of, and distribute Your User Content and to incorporate it into the Services. Tutti Vacation, in its sole and exclusive discretion for any reason or no reason at all and without prior notice, may remove any User Content.

  3. Ancillary Support Services. Tutti Vacation may offer ancillary Ancillary Support Services, subject to these Terms of Use. Ancillary Support Services are for informational purposes only and do not constitute professional advice, recommendation, endorsement, direction or guidance by Tutti Vacation. Tutti Vacation is not a party to transactions between Users through Ancillary Support Services.

  4. Release and Indemnity. TO THE EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF AND YOUR DEPENDENTS, AGREE TO FULLY RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS TUTTI VACATION, THIRD-PARTY PROPERTY OWNERS, AND THEIR PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS , DEMANDS, CAUSES OF ACTION, AWARDS, LOSSES, EXPENSES (INCLUDING ATTORNEY’S FEES), DAMAGES AND/OR LIABILITIES OF ANY KIND AND NATURE, INCLUDING CLAIMS OF CONTRACT, NEGLIGENCE, PERSONAL INJURY AND PROPERTY DAMAGE, ARISING FROM OR AS A RESULT OF YOUR USE OF THE SERVICES, ANY PARTY SERVICE, OR INTERACTIONS WITH OTHER USERS. TUTTI VACATION RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO USER INDEMNIFICATION. YOU WILL COOPERATE IN THE DEFENSE OF ANY CLAIMS AS TUTTI VACATION MAY REQUIRE; AND SHALL NOT, IN ANY EVENT, SETTLE ANY CLAIM OR MATTER WITHOUT TUTTI VACATION’S WRITTEN CONSENT.

  5. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. TUTTI VACATION AND THIRD-PARTY PROPERTY OWNERS DO NOT REPRESENT OR WARRANT AND FURTHER DISCLAIM ANY AND ALL LIABILITY ASSOCIATED WITH THE FOLLOWING: (A) THAT ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, INCLUDING DATA GENERATED BY ARTIFICIAL INTELLIGENCE, PRODUCTS OR SERVICES WILL BE RELIABLE, ACCURATE, SAFE, TIMELY, OR COMPLETE; OR (C) THAT THE SERVICE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR OTHER HARMFUL SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISABLE OR OVERBURDEN A DEVICE, COMPUTER SYSTEM, OR NETWORK. TUTTI VACATION AND THE THRID PARTY PROPERTY OWNERS CANNOT AND DO NOT WARRANT OR GUARANTEE AS TO THE CONDUCT OF ANY USER OR OTHER THIRD PARTY, THE SAFETY OR SECURITY OF THE SERVICE OR ITS SYSTEMS, OR THAT USER CONTENT OR INFORMATION WILL NOT BE INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

  6. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL TUTTI VACATION, THIRD-PARTY PROPERTY OWNERS, OR THEIR PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, AGENTS AND EMPLOYEES BE LIABLE TO YOU, ANOTHER USER, OR OTHER THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF TUTTI VACATION, A THIRD-PARTY PROPERTY OWNERS, OR THEIR PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS AND EMPLOYEES TO YOU WILL NOT EXCEED THE TOTAL PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATION SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

  7. Governing Law. Revisions. General Provisions. The Services and these Terms of Use shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to conflict of laws rules. You agree that the exclusive forum and/or venue for any controversy, claim, suit, injury, harm, loss or damage arising from or in any way related to the Services or these Terms of Use shall be a Hawaii State Court or Federal Court sitting in Honolulu, Hawaii, and You hereby submit to the exclusive jurisdiction of those courts for purposes of any such proceeding. Any provision of these Terms of Use found to be invalid, illegal, or unenforceable shall be severed from the Terms of Use, and the remaining provisions shall be enforced to the fullest extent possible and shall remain in full force and effect. Tutti Vacation may revise, modify and/or supplement these Terms of Use at any time, effective immediately upon notice provided through Tutti Vacation’ internal email system or by another form of notice as it may determine. You agree to these modifications by Your continued use of the Services.

  8. Contact. Tutti Vacation may be contacted in the following ways: By email: [email protected] By web contact: https://www.tuttivacation.com/p/contact By phone: 808-298-0235 By mail: 131 Continental Dr, Suite 305, City of Newark, County of New Castle, Delaware 19713

  9. App Store. The availability of the Apps is dependent on the third party from which You received the Apps, e.g., the Apple iPhone App Store (“App Store”). These Terms of Use are between You and Tutti Vacation and not with the App Store. The App Store is not responsible for the Apps, their content, maintenance, support services, or warranty therefor, or for addressing any claims relating thereto. You will pay all fees charged by the App Store in connection with the Apps (if any) and will comply with all applicable third-party agreement terms when using the Apps.

  10. Additional Terms Applicable To Iphone, Ipod Touch or Ipad Applications. Notwithstanding anything to the contrary herein, the following additional terms shall apply to any Apps downloaded for use on the iPhone, iPod Touch or iPad: (A) Acknowledgement: You and Tutti Vacation acknowledge that these Terms of Use are solely between You and Tutti Vacation, and not with Apple Inc. (“Apple”). Tutti Vacation is solely responsible for the App and the content thereof unless stated otherwise in these Terms of Use. The usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Services as of the date You download the App, and in the event of any conflict, the Usage Rules in the Apple App Store shall govern if they are more restrictive. (B) Scope of License: The license granted to You is limited to a nontransferable license to use the App on any iPhone, iPod Touch or iPad that You own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service. (C) Maintenance and Support: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. (D) Warranty: Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App to You, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You and Tutti Vacation acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Tutti Vacation. However, You understand and agree that in accordance with these Terms of Use, Tutti Vacation has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App. (E) Product Claims Apple and Tutti Vacation, Tutti Vacation, not Apple, is responsible for addressing any claims relating to the App or the Your possession and/or use of that App, including, : (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (F) Intellectual Property Rights: In the event of any third-party claim that the App or Your possession and use of that App infringes that third party’s intellectual property rights, Tutti Vacation, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms of Use. (G) Legal Compliance: You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. (I) Third-Party Beneficiary: Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon Your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against You as a third-party beneficiary thereof.

  11. Defined Terms.

“Ancillary Support Services” means support services provided by Tutti Vacation.
“App(s)” means Tutti Vacation mobile application(s). “Eligibility Conditions” means those conditions that each User is required to meet as set forth in Section 6. “[I]ncluding” means including but not limited to and in all instances, regardless of whether it appears capitalized or uncapitalized. “Proprietary Material” mean all Tutti Vacation intellectual property made available to Users in connection with the Services, including information, documents, tools, code and content, text, graphics, logos, editorial content, data, service marks, trademarks, trade names formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, directories, queries, algorithms, structure, organization, and all Tutti Vacation Content. “Sites” means Tutti Vacation websites. “Tutti Vacation” means Tutti Vacation Inc. its parents, subsidiaries and affiliates, and its and their investors, officers, directors, employees, agents, representatives and assigns. “Tutti Vacation Content” means of all content, information, tools, resources and materials provided by Tutti Vacation in connection with the Services, whether contained on the App, the Sites, related social media platforms, or otherwise. “Services” means collectively, the Apps, Sites. Ancillary Services, and Tutti Vacation Content incorporated therein. “Terms of Use” means these Terms of Use and End User License Agreement. “Third-Party Services and Content” means products, services, websites, advertisers, applications, information, and content provided by third parties for which Tutti Vacation is not responsible. “Third-Party Property Owners” means any third party who pays for, subsidizes or recommends Tutti Vacation, including without limitation property owners, hotel owners, vacation rental mangers and concierges. “User,” “You,” or “Your” means any person who accesses or uses the Services, provides care services, or connects with a care provider, including without limitation parents and caregivers, regardless of whether they personally installed an App or created an account. “User Content” means any information, content, messages, photos, and/or materials a User posts or provides to Tutti Vacation or any other User, whether on or through the Services or other medium or method.

Terms of Service Last updated: 07/22/2026 Please read these terms of service carefully before using Our Service. 1 - Interpretation and Definitions 1.1 - Interpretation The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural. 1.2 - Definitions For the purposes of these Terms of Service: Account means a unique account created for You to access our Service or parts of our Service. Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority. Application means the software program provided by the Company or Operator downloaded by You on any electronic device, named Tutti. Buyer refers to users of the Service who are placing Orders for Goods. Country refers to United States. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Tutti, 131 Continental Dr, Suite 305, City of Newark, County of New Castle, Delaware 19713 Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content. Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet. Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service. Good refers to the items or services offered for sale, rental, auction, contact, or any other means of trading on the Service. Operator (referred to as either "the Operator", "We", "Us" or "Our" in this Agreement) refers to Tutti. Order means a request by You to purchase or trade by any means Goods on the Application or Website. Seller refers to users of the Service who are listing Goods and making them available for trade by any means. Service refers to the Application or the Website or both. Terms of Service (also referred to as "Terms") mean these Terms of Service that form the entire agreement between You and the Company or Operator regarding the use of the Service. This Terms of Service agreement was generated by TermsFeed and fine-tuned by Sharetribe. Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service. Website refers to Tutti, accessible from https://www.tuttivacation.com/. You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. 2 - Contact Us If you have any questions about these Terms of Service, You can contact us: By email: [email protected] By visiting this page on our website: https://www.tuttivacation.com/p/contact 3 - Acknowledgment These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company or Operator. These Terms of Service set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service. You represent that you are over the age of majority according to the laws of your country or the Country, whichever is higher. The Company or Operator does not permit those under that age to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company or Operator. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. 4 - Governing Law The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application or Website may also be subject to other local, state, national, or international laws. 4.1 - For European Union (EU) Users If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. 4.2 - United States Legal Compliance You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. 4.3 - Severability If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force, and effect. 4.4 - Waiver Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. 5 - User Accounts 5.1 - Account Creation When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. 5.2 - Account Information You may be asked to supply certain information relevant to Your Account including, without limitation, Your name, Your email, Your phone number, and Your address. You may have to provide documents to comply with identity verification. Before or during posting Goods, you may be asked to supply, without limitation, Your bank account details, and Your identity documents. Before or during placing an Order, you may be asked to supply, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. 5.3 - Account Review Unless part of a feature of the Service, We do not perform background checks or endorse any users. We do not accept any responsibility for the reliability, accuracy, and completeness of any information provided by users. 5.4 - Account Password You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. 5.5 - Account Termination We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service or delete Your Account from the Service, or contact Us for help. 6 - Content 6.1 - Your Right to Post Content Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms. You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. 6.2 - Content Restrictions The Company or Company or Operator is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following: Unlawful or promoting unlawful activity. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups. Spam, machine, or randomly–generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights. Impersonating any person or entity including the Company or Operator and its employees or representatives. Violating the privacy of any third person. False information and features. The Company or Operator reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company or Operator further reserves the right to make formatting and edits and change the manner of any Content. The Company or Operator can also limit or revoke the use of the Service if You post such objectionable Content. As the Company or Operator cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company or Operator be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. 6.3 - Content Backups Although regular backups of Content are performed, the Company or Operator does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company or Operator will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company or Operator has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service. 6.4 - Intellectual Property of Others and Copyright Infringement We respect the intellectual property and copyrights of others. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. We are ready to comply with local regulations in that matter (Digital Millennium Copyright Act (DMCA), EU Copyright Directive, ...). If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email (see 3 - Contact Us) and include in Your notice the following information related to the alleged infringement: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest. A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work. Identification of the URL or other specific location on the Service where the material that You claim is infringing is located. Your address, telephone number, and email address. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. Upon receipt of a notification, the Company or Operator will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service. 7 - Orders of Goods By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts. 7.1 - Position of the Service in Orders Our role is one of a facilitator between You and the Sellers, using the Service. We are, therefore, a third party in Orders, which limits Our liabilities in any disputes between You and the Sellers. We are not a party to any agreement You have with the Sellers. Any agreement You enter with the Sellers does not form a part of any agreement We have with you. 7.2 - Your Information as Buyer If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order. 7.3 - Availability, Errors, and Inaccuracies We and Sellers are constantly updating Our offerings of Goods on the Service. The Goods available on the Service may be mispriced, described inaccurately, or unavailable, and Sellers and We may experience delays in updating information regarding the Goods on the Service and in Our advertising on other websites. We and Sellers cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. 7.4 - Prices Policy The Company or Operator and Seller reserve the right to revise their prices at any time prior to accepting an Order. The prices quoted may be revised by the Company or Operator subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company or Operator or the Seller. In that event, You will have the right to cancel Your Order. 7.5 - Payments Payment can be made through various payment methods we have available. We rely on payment gateways that have their own terms of service and their own limitations. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order. 7.6 - Service Fees We may charge You some fees (and applicable Taxes) for the right to use the Service. More information about when service fees apply and how they are calculated is displayed during your Order. We reserve the right to change the service fees at any time. 7.7 - Order Modification You and the Sellers are responsible for any Order modifications you agree to make via the Service and agree to pay any additional amounts, fees, or taxes associated with any Order modification. 7.8 - Order Cancellation 7.8.1 - Our Order Cancellation Rights We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to: Goods availability Errors in the description or prices for Goods Errors in Your Order Mistakes from the Seller We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction or trade is suspected. 7.8.2 - Order Cancellation by Buyers If You as a Buyer cancel an Order, the amount You paid (including the Service fees) is not refunded. If something outside Your control requires You to cancel an Order, or if You think your Order should be refunded, contact Us. 7.8.3 - Order Cancellation by Sellers If You as a Seller cancel an Order, the amount the Buyer paid (including the Service fees) will be refunded to the Buyer and will not be transferred to the Seller. If something outside Your control requires You to cancel an Order, or if You think your Order should be refunded, contact Us. 7.9 - Order Dispute If a Buyer or a Seller disputes an Order, the Company or Operator should be notified. The dispute will be resolved at Our sole discretion. 8 - Opt-In Notice for Mobile Messages 8.1 - Opt-In to Receive Mobile Messages By providing Your phone number, You agree and consent to receive mobile messages from the Company or Operator. You acknowledge that these messages may include transactional information, promotional offers, and other communications related to Our services. Message and data rates may apply according to Your mobile service plan. 9 - Disclaimer of Warranties and Limitation of Liability 9.1 - Limitation of Liability Notwithstanding any damages that You might incur, the entire liability of the Company or Operator and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD (or its equivalent in the Service local currency) if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or Operator or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or Operator or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law. 9.2 - "AS IS" and "AS AVAILABLE" Disclaimer The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company or Operator, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, performance, usage or trade practice. Without limitation to the foregoing, the Company or Operator provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor Operator nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company or Operator are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. 9.3 - Links to Other Websites Our Service may contain links to third-party websites or services that are not owned or controlled by the Company or Operator. The Company or Operator has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company or Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise You to read the terms of service and privacy policies of any third-party websites or services that You visit. 9.4 - Translation Interpretation These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute. 10 - Disputes Resolution about the Service If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company or Operator. 11 - Intellectual Property of the Service The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company or Operator and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company or Operator. 12 - Your feedback to Us You assign all rights, title, and interest in any Feedback You provide the Company or Operator. If for any reason such assignment is ineffective, You agree to grant the Company or Operator a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction. 13 - Changes to these Terms of Service We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Application or Website and the Service. Tutti Vacation Terms of Use Last Updated: July 2026 These Terms of Use (“Terms” or “Agreement”) outline the conditions under which individuals may use the Tutti Vacation platform (“Tutti”) and its services (“Services”). By accessing the platform, creating an account, or utilizing any Tutti service, you agree to these Terms in full. If you do not agree, please discontinue using the platform. Tutti Vacation serves as a platform that connects travelers with local service providers. However, Tutti does not employ, endorse, or directly oversee any service providers listed on the platform. Users are responsible for vetting and selecting providers based on their individual needs. Description of Services Tutti Vacation provides a digital platform where: • Travelers can search for, connect with, and hire service providers for tasks such as housekeeping, local guiding, or other specialized assistance. • Service Providers can create profiles to offer their services, set their availability, and manage bookings. The platform enables communication and coordination between travelers and service providers but does not guarantee service quality, timeliness, or suitability. Safety Center and User Responsibilities To promote a safe experience, Tutti offers a Safety Center with resources and recommendations to help users make informed decisions. These resources include tips for vetting providers, conducting interviews, and managing bookings. Users are encouraged to use these tools and exercise caution when engaging with others on the platform. • Travelers are responsible for verifying the credentials and suitability of service providers. • Service Providers are responsible for providing accurate information about their services and meeting any legal or professional requirements in their area. Limitations of Tutti Services Tutti Vacation operates solely as a facilitator between users and is not responsible for the following: • Verifying the accuracy of user-generated content or profiles. • Conducting background checks or guaranteeing the safety, legality, or quality of services provided by users. • Mediation in disputes between travelers and service providers. Tutti is not an employment agency and does not arrange employment or service contracts between users. Age and Eligibility Requirements Users must meet the following criteria: • Be at least 18 years old. • Use the platform solely for the purpose of providing or hiring services. • Comply with all applicable local, state, and federal laws. User Conduct By using Tutti Vacation, you agree to: 1. Provide accurate and truthful information when creating a profile or booking services. 2. Communicate respectfully and professionally with other users. 3. Not post or transmit harmful, offensive, or illegal content. Tutti reserves the right to review, edit, or remove any content or accounts that violate these Terms or harm the community. Disclaimer and Liability Tutti Vacation makes no representations or guarantees about the reliability, safety, or effectiveness of the platform or its users. Use of the platform is at your own risk. Tutti disclaims liability for any claims, losses, or damages resulting from interactions between users. For additional safety recommendations, visit our Safety Center at [Insert Link]. Contact Us For questions about these Terms or our platform, please contact us at [email protected]

3.3 Prohibited Uses By using the Tutti Vacation website (“Site”) or its services, you agree that you will not under any circumstances: • Use the Site, services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or objectionable based on race, gender, religion, or other protected categories. • Use the Site or services for any fraudulent or unlawful purpose, for activities unrelated to vacation rental services or community-oriented assistance, or for purposes not expressly intended by Tutti Vacation. • Harass, harm, or attempt to harm any individual or group. • Impersonate another user or use someone else’s Tutti Vacation account. • Provide false or misleading information when registering an account, using the services, or communicating with other users. • Attempt to re-register if your account has been terminated by Tutti Vacation for any reason. • Interfere or attempt to interfere with the functionality of the Site or services. • Use automated methods (such as bots or scripts) to access the Site or services, or take any action that places an excessive load on Tutti Vacation’s servers or network infrastructure. • Bypass security measures, scrape data, or otherwise manipulate or harvest information from the Site (manually or through automated methods). • Use the communication tools provided by Tutti Vacation for unsolicited commercial purposes or spam. • Publish or link to malicious content intended to harm another user’s device or experience. To protect users, Tutti Vacation reserves the right to take appropriate actions, including but not limited to limiting message volumes or restricting access to certain IP addresses. If Tutti Vacation determines that you have violated this section or any related terms, we reserve the right to terminate your account or use of the Site and services at our sole discretion. Additionally, any unauthorized use of Tutti Vacation’s content, including but not limited to scraping or misappropriating user or business information, may result in financial penalties of up to $10,000 per day and other legal remedies. 3.3 Prohibited Uses By using the Tutti Vacation website (“Site”) or its services, you agree that you will not under any circumstances: • Use the Site, services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or objectionable based on race, gender, religion, or other protected categories. • Use the Site or services for any fraudulent or unlawful purpose, for activities unrelated to vacation rental services or community-oriented assistance, or for purposes not expressly intended by Tutti Vacation. • Harass, harm, or attempt to harm any individual or group. • Impersonate another user or use someone else’s Tutti Vacation account. • Provide false or misleading information when registering an account, using the services, or communicating with other users. • Attempt to re-register if your account has been terminated by Tutti Vacation for any reason. • Interfere or attempt to interfere with the functionality of the Site or services. • Use automated methods (such as bots or scripts) to access the Site or services, or take any action that places an excessive load on Tutti Vacation’s servers or network infrastructure. • Bypass security measures, scrape data, or otherwise manipulate or harvest information from the Site (manually or through automated methods). • Use the communication tools provided by Tutti Vacation for unsolicited commercial purposes or spam. • Publish or link to malicious content intended to harm another user’s device or experience. To protect users, Tutti Vacation reserves the right to take appropriate actions, including but not limited to limiting message volumes or restricting access to certain IP addresses. If Tutti Vacation determines that you have violated this section or any related terms, we reserve the right to terminate your account or use of the Site and services at our sole discretion. Additionally, any unauthorized use of Tutti Vacation’s content, including but not limited to scraping or misappropriating user or business information, may result in financial penalties of up to $10,000 per day and other legal remedies. Background and Verification Checks 4.1 Service Providers May Be Subject to Background Checks Tutti Vacation may offer optional background check services for service providers through third-party agencies. These checks, if available, are subject to consent and may involve fees. By authorizing a background check, service providers acknowledge that the results may be shared with Tutti Vacation for safety and verification purposes. However, results will only be shared with users if explicitly authorized by the service provider. 4.2 Responsibilities for Using Background Check Data All users accessing background check data must comply with relevant legal obligations, including the Fair Credit Reporting Act (FCRA). Any adverse decisions based on these reports must follow proper notification procedures, including providing individuals the opportunity to contest the accuracy of the data. 4.3 Tutti Vacation’s Use of Background Checks Tutti Vacation may review and use background check information to ensure the safety and integrity of its services. If an account is terminated based on background check results, Tutti Vacation will provide notice and the contact information of the reporting agency. Users are responsible for resolving inaccuracies directly with the agency. 4.5 Tutti Vacation May Order and Use Background Screenings About You By registering for and using the Tutti Vacation Site or Services as a Service Provider or Customer, you acknowledge and agree that Tutti Vacation may, at its discretion, use third-party consumer reporting agencies to conduct periodic background screenings (“Preliminary Screens”) on registered Service Providers. These screenings aim to protect the safety and integrity of the Site and its users and may be subject to regulations under the Fair Credit Reporting Act (“FCRA”). With your consent, Tutti Vacation may conduct these screenings during your initial registration and at other times as deemed necessary based on your continued interaction with the Site or Services (e.g., posting or updating profiles, communicating with users, or engaging in transactions). These Preliminary Screens may include information such as criminal records, employment history, and other relevant data and are considered “consumer reports” under FCRA. You understand that Tutti Vacation may review information provided by third-party agencies and reserves the right to suspend or terminate your registration based on the findings, even if such findings are later updated or corrected. If your account is terminated due to a background check result, Tutti Vacation will notify you and provide the name and contact information of the agency that generated the report. Users are responsible for addressing any inaccuracies directly with the reporting agency. BY USING THE SITE AND SERVICES, AND PROVIDING THE NECESSARY CONSENT, YOU AUTHORIZE TUTTI VACATION TO CONDUCT BACKGROUND SCREENINGS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT CONSENT TO THESE SCREENINGS, YOU SHOULD NOT USE TUTTI VACATION. 4.6 Tutti Vacation May Regularly Verify Your Identity and the Accuracy of Your Information By registering as a Service Provider or Customer, you authorize Tutti Vacation to verify your identity and ensure the accuracy of the information you provide. For this purpose, Tutti Vacation may partner with third-party service providers to perform identity and accuracy checks (“Verification Checks”). These checks may include information from national criminal databases, sex offender registries, law enforcement reports, and other publicly or privately available data. You also authorize your wireless carrier to share account and device information, if applicable, with Tutti Vacation or its service providers to assist with fraud prevention and identity verification. See our Privacy Policy for how we handle your data. Tutti Vacation reserves the right to suspend or terminate your account if any Verification Check reveals inaccuracies, violations of our Terms of Service, or other suitability concerns. While Tutti Vacation takes steps to ensure the accuracy of these checks, we do not assume responsibility for errors in third-party reports. BY USING OUR SITE AND SERVICES, YOU CONSENT TO VERIFICATION CHECKS AS DESCRIBED ABOVE. IF YOU DO NOT WISH TO PARTICIPATE IN THESE CHECKS, YOU SHOULD NOT USE TUTTI VACATION. 4.7 Important Limitations of Background and Verification Checks Tutti Vacation strives to provide a safe platform but acknowledges the inherent limitations of background and verification checks: • Jurisdictional Limitations: Background checks may not include information from all courts or jurisdictions, and some data (e.g., misdemeanors, non-registered offenses) may not be reported. • User-Provided Information: Checks rely on information provided by the individual (e.g., name, address, date of birth). Incorrect or incomplete data may impact the results. • Data Accuracy: Criminal records and other data may not always be promptly or accurately reported, and errors can occur. Tutti Vacation cannot guarantee the completeness, accuracy, or timeliness of background or verification results. Users are encouraged to exercise their own judgment when engaging with others on the platform. By accessing or using information obtained through a Background or Verification Check, you agree to comply with all applicable laws and release Tutti Vacation from any liability arising from your use of this information, including inaccuracies or omissions in the report. Tutti Vacation is not obligated to perform Background or Verification Checks on any user. Checks, when performed, are not definitive proof of a user’s suitability to provide or use services. Termination Tutti Vacation reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Tutti Vacation Site and/or Services, remove your profile and/or any content posted by or about you from the Site, and/or terminate your account with Tutti Vacation, with or without notice, for any reason or no reason. This includes, but is not limited to, situations where Tutti Vacation determines that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are unsuitable for participation as a Registered User, or have misused or misappropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site. Upon termination, Tutti Vacation is not obligated to provide you with a copy of any content posted by or about you on the Site. If your registration is terminated, Tutti Vacation has no obligation to notify you of the reason for termination. Tutti Vacation reserves the right, but not the obligation, to send a notice of such termination to other Registered Users with whom we believe you have corresponded. However, this does not constitute, nor should it be interpreted as information regarding your character, reputation, personal characteristics, or lifestyle. Privacy Tutti Vacation uses the information you provide on the Site or via the Services in accordance with our Privacy Policy. For more details, please review our full Privacy Policy, which is incorporated into these Terms. Links to External Sites Links from the Site to external sites, including framed external sites or advertisements, do not constitute an endorsement by Tutti Vacation of such sites or their content, products, advertising, or other materials. Tutti Vacation does not control these third-party sites or content and is not responsible for them. Such external sites are governed by their respective owners’ terms of use and privacy policies, not these Terms or Tutti Vacation’s Privacy Policy. Tutti Vacation expressly disclaims any liability arising from the use and/or viewing of links that may appear on this Site. All users agree to hold Tutti Vacation harmless from any liability that may result from the use of links that appear on the Site. Payment and Refund Policy To access certain services or product offerings through Tutti Vacation, you must pay Tutti Vacation either a recurring subscription, one-time, or other fees. Additionally, you are responsible for any applicable state or local sales taxes associated with these services or product offerings. For certain users who enroll in Tutti Vacation and receive access through an employer’s benefits program, the employer may cover the subscription fees, and the user will not be responsible for the recurring subscription charges while part of the benefits program. 8.1 Billing and Payment If you sign up for a paid membership subscription or for services that include a recurring fee, you agree to pay Tutti Vacation all charges associated with the subscription or service, as outlined on the Site at the time of your payment. You also authorize Tutti Vacation, or a third-party payment processor working on our behalf, to charge your selected payment method according to the terms of your chosen subscription or service. Tutti Vacation reserves the right to correct any errors or mistakes in billing, even after payment has been received. If you purchase services with a non-recurring fee, you authorize Tutti Vacation to charge your payment provider for the selected services or products. Tutti Vacation reserves the right to establish or change fees at any time and will make reasonable efforts to inform you of any fee changes. You are responsible for all fees incurred under your account, regardless of your awareness of those fees. 8.2 Automatic Subscription Renewal and Cancellation All paid memberships and recurring services or products will continue indefinitely until cancelled by you. For subscriptions, your membership will automatically renew at the end of your chosen term for an additional period, unless otherwise specified. If you cancel your subscription during a term, you will continue to be billed until the current subscription period ends. If you cancel a subscription, you will still be billed for any cancellation fees disclosed to you at the time of subscription. 8.3 Installment Plan Options We may offer products or services (including premium subscriptions) with installment payment options. By selecting an installment plan, you agree to pay all charges associated with the subscription, service, or product, as described on the Site. If you cancel before completing all installment payments, you will still be responsible for the remaining balance. 8.4 Free Trial Offers Tutti Vacation may offer limited-time free trials. If you do not cancel before the free trial period ends, you will be charged the subscription rate for the service or product unless otherwise stated. To cancel, you must do so within 30 days to receive a refund. 8.5 Reward Points As part of your membership or promotions, we may issue reward points. These points are non-transferable, non-refundable, and have no cash value. They can be redeemed only for goods or services through the Site, and unused points may be forfeited if your membership is canceled. 8.6 Refund Policy Payments for subscriptions, services, or products are non-refundable except as stated in these Terms or as described at the time of purchase. If Tutti Vacation terminates your account based on violations or misuse, you will not be entitled to a refund for any unused portion of your purchase. Release of Liability for Conduct and Disputes By using this Site or our Services, you hereby represent, understand, and expressly agree to release and hold Tutti Vacation (and Tutti Vacation’s officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your employer if you enrolled in Tutti Vacation through your employer’s benefits program, “Affiliates”)) harmless from any claim or controversy that may arise out of: • The actions or inactions of, or the relationship between, you and any Service Seeker, Service Provider, or other user(s) of the Site or Services that are not employed by one of our subsidiaries; and • Any information, instruction, advice, or services created by any Service Seeker, Service Provider, or other third party that appeared on, or was communicated through, the Site or Services. Tutti Vacation and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above. Age Restrictions Tutti Vacation is intended for people 18 or over. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately. Disclaimers; Limitations; Waivers; Indemnification 11.1 No Warranty The information and materials contained on the Site, including text, graphics, information, links, or other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Tutti Vacation, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Tutti Vacation DOES NOT: • (1) WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; • (2) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Tutti Vacation; • (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; OR • (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Tutti Vacation EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, Tutti Vacation MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES OR TO EMPLOY THE SERVICES OF A PROVIDER. 11.2 Assumption of Risk While Tutti Vacation takes certain steps to help promote the safety of our Site and Services, finding services or related jobs via an online platform like ours comes with certain inherent risks. We do not provide any training, supervision, or monitoring of Service Seekers or Providers, and we cannot guarantee that all of your interactions with other Registered Users, site visitors, their families, or others associated with them, will always be 100% safe and respectful. You agree to assume all risks when using the Site and the Services, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with users of the Site or the Services. You also agree not to rely solely on steps Tutti Vacation may take to vet or screen Service Providers or Seekers and/or their Content, or otherwise to promote the safety of the Site and Services. You further agree to take all necessary precautions when interacting with other site visitors, Registered Users, their families, and others associated with them. 11.3 Limitation of Liability Incidental Damages and Aggregate Liability. In no event will Tutti Vacation be liable for any indirect, special, incidental, or consequential damages, losses, or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked website or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Tutti Vacation, or representatives thereof, are advised of the possibility of such damages, losses, or expenses. UNDER NO CIRCUMSTANCES WILL Tutti Vacation’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID Tutti Vacation FOR THE USE OF THE SITE OR ANY SERVICES, THE AMOUNT OF $25.00. 11.4 Indemnification By agreeing to these Terms, users of the Site and Services agree to indemnify, defend, and hold harmless Tutti Vacation and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by Tutti Vacation and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post, or transmit through the Site, (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law, or (iii) any relationship or agreement formed with a Service Seeker or Provider using the Site or Services. 12. Copyright Notices/Complaints It is Tutti Vacation’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Tutti Vacation’s copyright agent (identified below) and providing the following information: • Identification of the copyrighted work that you believe to be infringed. • Identification of the material that you believe to be infringing and its location. • Your name, address, telephone number and (if available) e-mail address. • A statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law. • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf. • A signature or the electronic equivalent from the copyright holder or authorized representative. Tutti Vacation’s agent for copyright issues relating to this Site is: Copyright Manager Tutti Vacation 13. Agreement to Arbitrate 13.1 Agreement to Arbitrate This Section 13 is referred to in these Terms as the “Arbitration Agreement”. Unless you opt-out in accordance with the opt-out procedures set forth in Section 13.8 below, you agree that all claims relating to or arising out of these Terms or the breach thereof other than those expressly set out in Section 13.4, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and Tutti Vacation or a Tutti Vacation Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. 13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND TUTTI VACATION AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. EXCEPT FOR AS SET FORTH IN SECTION 13.7, UNLESS BOTH YOU AND TUTTI VACATION EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST TUTTI VACATION AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER TUTTI VACATION USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. 13.3 Pre-Arbitration Dispute Resolution Tutti Vacation is always interested in resolving Disputes amicably and efficiently. Accordingly, both parties acknowledge and agree that before they commence arbitration, they will first make a good faith effort to resolve such Dispute informally. Such informal resolution requires first sending a written description of the Dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account, if applicable, to the following address: Tutti Vacation, Inc., Attn: Legal Department, [Address]. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the Dispute; the specific relief sought; and proof of your relationship with Tutti Vacation. If the Dispute is not resolved within sixty (60) days after receipt of the written description of the notice, you and Tutti Vacation agree to follow the resolution procedures for any Dispute described in this Section 13. The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding (“Claim”). The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process. 13.4 Arbitration Procedures If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration (except as otherwise specifically provided herein) and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of National Arbitration and Mediation (“NAM”), including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions, as modified by this Arbitration Agreement. For information on NAM, please visit its website, https://www.namadr.com/. Information about NAM’s Rules and fees can be found at https://www.namadr.com/resources/rules-fees-forms/. If there is any inconsistency between the NAM Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court. If you are a Tutti Vacation registered user, any demand initiating arbitration, whether filed by You or Tutti Vacation, must include the email address you used to register with Tutti Vacation. For all U.S. residents, the arbitration shall be held (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in Austin, TX (unless otherwise agreed by the parties). If the value of the relief sought is $10,000 or less you or Tutti Vacation may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Tutti Vacation subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Tutti Vacation, unless the arbitrator requires otherwise. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. Except for decisions in arbitrations that are joined together in a single batch as described in Section 13.7, an arbitrator shall not be bound by rulings in prior arbitrations involving different Tutti Vacation users, but is bound by rulings in prior arbitrations involving the same Tutti Vacation user to the extent required by applicable law. Notwithstanding the parties’ decision to resolve all Claims through arbitration, each party retains the right to (i) elect to have any Claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action. 13.5 Costs of Arbitration If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Tutti Vacation will pay as much of any filing and hearing fees in connection with the arbitration in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the arbitrator’s rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for all other fees, including your own attorneys’ fees, unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 13.7) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge. 13.6 Confidentiality All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties. 13.7 Mass Filing Procedures To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Tutti Vacation within reasonably close proximity (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Tutti Vacation and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Tutti Vacation and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Tutti Vacation otherwise consents in writing, Tutti Vacation does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 13.7. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled. The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Tutti Vacation shall be entitled to arbitrate any claim that is a part of the Mass Filing. The results of the first batch of demands will be given to a NAM mediator selected from an initially proposed group of 5 mediators, with Tutti Vacation and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Tutti Vacation, the mediator and the remaining claimants will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If they are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either Tutti Vacation or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Tutti Vacation nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Opt out of arbitration under this section shall not be construed as opt out of the “Class Action Waiver.” Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing. 13.8 Opt-Out Procedure You may choose to reject this Arbitration Agreement by mailing a written opt-out notice (“Opt-Out Notice”) to us. For new Tutti Vacation users, the Opt-Out Notice must be postmarked no later than 30 days after the date you first use our site or services. If you are an existing Tutti Vacation user who previously accepted the Terms before the introduction of this Arbitration Agreement, the Opt-Out Notice must be postmarked no later than thirty (30) days from the effective date of this agreement. The Opt-Out Notice should be sent to Tutti Vacation, Inc., Attn: Legal Department, [Insert Address]. The Opt-Out Notice must include your name, address, phone number, email address, and any relevant account details for us to properly identify you. You must sign the Opt-Out Notice for it to be valid. This procedure is the only way to opt out of the Arbitration Agreement. If you opt out, we will not be bound by these arbitration provisions. However, opting out will allow you to pursue any claims in court instead of arbitration. 13.9 Future Changes to this Arbitration Agreement If we make any significant changes to this Arbitration Agreement in the future, such changes will take effect 30 days after posting, and will apply only to claims that have not yet been filed. You will be notified of material changes via email or a prominent notice on our website. If you fail to opt out within 30 days of such changes, you will be deemed to have accepted them. Governing Law and Jurisdiction These Terms will be governed by the laws of the state in which Tutti Vacation operates, without regard to its conflict of laws principles. Any legal claims that are not subject to arbitration, as specified in Section 13, must be resolved exclusively in a state or federal court located in the state where Tutti Vacation is headquartered. Consent to Electronic Communication By using our website or services, you consent to receive communications from us electronically, including notices, documents, and updates related to your account. We will notify you about important changes to your account via the email address you provide. Miscellaneous Nothing in these Terms will create a partnership, joint venture, or employment relationship between you and Tutti Vacation. Neither party will have the authority to bind the other except as provided in these Terms. If any provision of these Terms is found to be invalid, the remaining provisions will remain in effect. Severability If any provision of these Terms, except for Section 13, is deemed invalid or unenforceable by a court, the remaining provisions will continue in effect, and the invalid provision will be replaced with a valid provision that reflects the original intent. Contact Information For questions or concerns regarding our Terms or Services, please contact Tutti Vacation at: Tutti Vacation, LLC. Attn: Legal Department 131 Continental Dr, Suite 305, City of Newark, County of New Castle, Delaware 19713 808-298-0235 [email protected] Last Updated: July 2026 Tutti Vacation - Last Updated: July 2026 These Terms of Use are effective immediately for Tutti Vacation users who first visit or join on or after March 5, 2024, and on April 15, 2024, for all other users. IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 13. These Terms of Use (the “Terms” or “Agreement”) set forth the terms and conditions under which individuals residing in the United States may use the Tutti Vacation Site and/or the Tutti Vacation Services (as defined below). Certain Tutti Vacation Services are subject to additional policies, rules, and terms and conditions, which you may be required to agree to as a condition of using those Services (“Additional Terms”). In those cases, the applicable Additional Terms are set forth in the printed or online Service materials relating to those Services. Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety regardless of whether or not you register as a user of the Site or Services (thereby becoming a “Registered User”). This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against Tutti Vacation to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Section 13 “Agreement to Arbitrate”). Except as specifically described in Section 13, unless you opt out you will only be permitted to pursue claims or seek relief against Tutti Vacation on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding. These Terms include the Tutti Vacation Privacy Policy, which is incorporated herein. If you object to anything in these Terms, the Privacy Policy, or any applicable Additional Terms, do not use the Site or the Services. These Terms are subject to change by Tutti Vacation at any time, subject to the following notification process. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check www.tuttivacation.com/terms-of-use for updates. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms. For purposes of these Terms, and except to the extent expressly excluded below, the “Site” shall mean www.tuttivacation.com and any other websites, web pages, mobile applications, and mobile websites operated by Tutti Vacation, Inc. (“Tutti Vacation” or “we”) in the United States that link to these Terms, and the “Services” shall mean any of the various services that Tutti Vacation provides through the Site or any other channels, including without limitation, over the telephone. The “Site” and “Services” also include certain sites and services offered through Tutti Vacation’s subsidiary, Tutti Helper, Inc. (“Tutti Helper”), to the extent explicitly described in these Terms. However, the terms “Site” and “Services” do not include or involve the following: • Websites, web pages, mobile applications, and mobile websites (and services offered through such channels) operated by Tutti Vacation’s other subsidiaries, including, without limitation, Surf Concierge, Inc., which provides the Surf Concierge service. • Websites, web pages, mobile applications, and mobile websites (and services offered through such channels) operated by Tutti Vacation that have separate terms of service that do not expressly incorporate these Terms by reference. • Third-party entities such as vacation rental properties, local businesses, or any other service providers that may use the Tutti Vacation Site or Services to market their services. 3.3 Prohibited Uses By using the Site or Services of Tutti Vacation, you agree that you will not under any circumstances: • Use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; • Use the Site or Services for any fraudulent or unlawful purpose, for any purpose unrelated to vacation rentals or community services, or for any other purpose not expressly intended by Tutti Vacation; • Harass, abuse, or harm another person or group, or attempt to do so; • Use another user’s Tutti Vacation account; • Provide false or inaccurate information when registering an account on Tutti Vacation, using the Services, or communicating with other Registered Users; • Attempt to re-register with Tutti Vacation if your account has been terminated for any reason, or re-register in order to prevent a review from being associated with your account; • Interfere or attempt to interfere with the proper functioning of Tutti Vacation’s Services; • Make any automated use of the system, or take any action that we deem to impose or potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; • Bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means); • Use the communication systems provided by or contacts made on Tutti Vacation for any commercial solicitation purposes other than those expressly permitted by Tutti Vacation; • Publish or link to malicious content intended to damage or disrupt another user’s browser or computer. In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the amount of messages a user may send in any 24-hour period to an amount deemed appropriate in our sole discretion. Should Tutti Vacation find that you violated the terms of this Section or any other terms stated herein, we reserve the right, at our sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that Tutti Vacation may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain information (including but not limited to, names, addresses, phone numbers, or email addresses) or content scraped (either directly or indirectly, manually or automatically) from the Site, or (ii) otherwise mis-use or misappropriate Site Content, including but not limited to, use on a “mirrored,” competitive, or third-party site. This obligation shall be in addition to any other rights Tutti Vacation may have under these Terms or applicable law. Background and Verification Checks 4.1 Service Providers Can Order or Authorize Background Checks about Themselves and Can Authorize the Sharing of Them with Other Members Tutti Vacation offers individuals registered as Service Providers or Clients one or more background check services through third-party consumer reporting agencies (“Background Checks”). Certain checks may be available for purchase by both Clients and Service Providers, while others may only be available for purchase by one or the other. All background checks require payment by the Member initiating the request and are subject to consent from the individual on whom the check is being performed. Background checks may include, but are not limited to, criminal history, driving records, employment history, and other public records. Tutti Vacation may receive a copy of each Background Check you order or authorize. It is your responsibility to ensure the email address you provide to Tutti Vacation is correct, knowing that sensitive information will be sent to it. If you are a Service Provider and authorize a background check ordered by a Client, the results will be shared with the Client. If you have ordered a background check for yourself, the results will only be shared with you unless you authorize further distribution. 4.2 Special Responsibilities of Users of Background Check under Applicable Laws The use of any background check reports obtained through the Site is governed by applicable laws, including privacy and fair reporting laws. Users who order or access background checks must agree to comply with all legal obligations, including proper use and handling of the information provided in those reports. 4.3 Tutti Vacation May Review and Use Background Checks You Order or Authorize About Yourself By using the Site or Services as a Service Provider, and subject to your authorization, you agree that Tutti Vacation may review and use any background checks you have ordered for the purpose of protecting the safety and integrity of our Site and users. If Tutti Vacation terminates your membership based on information from a background check, we will notify you and provide you with the contact information of the consumer reporting agency that created the report. 4.4 Tutti Vacation May Perform Ongoing Background Checks Tutti Vacation reserves the right to periodically run background checks on Service Providers and Clients, using third-party consumer reporting agencies, in order to maintain the safety and integrity of our Site and Services. SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE: Criminal County Searches conducted in Massachusetts and New Hampshire as part of the Criminal Records Check and the Criminal+MVR Records Check (for individuals who are believed to have lived in one or both of these states during the seven years preceding the background check request) search only the Superior Court and a single District Court in the county seat or its equivalent for each county listed below. Criminal records (including misdemeanors and felonies) from other courts in these states will not be searched. This is an illustrative, non-comprehensive list of certain state and county limitations of the background checks offered through Tutti Vacation. Additional limitations may apply in certain jurisdictions, including on the federal level. For example, for many states, only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges, or arrest records). In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information they provide, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions. If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify, and hold harmless Tutti Vacation from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information. You expressly acknowledge that Tutti Vacation has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Registered Users. To the extent Tutti Vacation performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date, or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services. Termination Tutti Vacation reserves the right, in its sole discretion, to immediately terminate your access to all or part of the Tutti Vacation Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with Tutti Vacation, with or without notice for any reason or no reason in its sole discretion, including without limitation if Tutti Vacation determines that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site. Upon termination, Tutti Vacation shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination. You understand and agree that, following any termination of any individual’s use of the Site or the Services, Tutti Vacation has the right, but not the obligation, to send a notice of such termination to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living. Privacy Tutti Vacation uses the information you provide on the Site or via the Services in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein. Links To External Sites Links from the Site to external sites (including external sites that are framed by Tutti Vacation) or inclusion of advertisements and other third-party content on the Site, do not constitute an endorsement by Tutti Vacation of such sites or the content, products, advertising, and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for users’ reference and convenience. Tutti Vacation does not control third-party sites or content, and is not responsible for them. Such sites and content are governed by their respective owners’ terms of use and privacy policies, and not these Terms or Tutti Vacation’s Privacy Policy. Tutti Vacation expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Tutti Vacation harmless from any liability that may result from the use of links that may appear on the Site. Payment and Refund Policy In order to utilize some Tutti Vacation Services or product offerings, the user of such Services or product offerings must pay Tutti Vacation either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased. Notwithstanding the foregoing, for certain users who enroll in Tutti Vacation and receive access to a paid membership subscription through their employer’s benefits program, the related subscription fee is paid by their employer, and the user has no obligation to pay the automatically renewing subscription fee associated with such subscription so long as the subscription remains part of the employer’s benefits program. 8.1 Billing and Payment If you sign up for a paid membership subscription, or for a Service or product that includes a recurring fee, you agree to pay Tutti Vacation all charges associated with the subscription, Service, or product you choose, as described on the Site at the time you submit your payment information. You also authorize Tutti Vacation, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription, Service, or product. Tutti Vacation reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. To the extent you elect to purchase other Services or product offerings we may offer for a non-recurring fee, you authorize Tutti Vacation to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Tutti Vacation already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services or products you purchase. Tutti Vacation reserves the right to establish or change fees for any or all services or goods obtained through the use of the Site and/or Services at any time. Tutti Vacation will use reasonable efforts to inform you of such fees, but you will be responsible for all fees incurred under your account regardless of your specific awareness of those fees. 8.2 Automatic Subscription Renewal and Cancellation ALL PAID MEMBERSHIP SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR PRODUCTS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER. FOR PAID MEMBERSHIP SUBSCRIPTIONS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR CHOSEN TERM PERIOD FOR AN ADDITIONAL EQUIVALENT PERIOD AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU CHOOSE A SUBSCRIPTION TERM IN EXCESS OF ONE MONTH THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD, AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL THE END OF THE THEN-CURRENT SUBSCRIPTION TERM. For other Services or products with recurring fees, you will be charged the fee associated with such product or service at the interval specified at the time of purchase, until you expressly cancel the Service or product. 8.3 Installment Plan Options From time to time, we may offer products or Services (including but not limited to premium subscriptions) that include an option to pay some or all of the applicable fees in installments. In the case of recurring subscriptions, the installment payment option may apply only to the initial subscription term, and not to any renewal or recurring terms or payments. By selecting an installment payment option, you agree to pay Tutti Vacation all charges associated with the subscription, Service, or product you purchase, as described on the Site at the time you submit your payment information. You also authorize Tutti Vacation, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen installment plan. 13.9 Future Changes to this Arbitration Agreement Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any material change to this Arbitration Agreement in the future, such change shall not be effective until 30 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against Tutti Vacation prior to the effective date of the change, but will apply to all claims not yet filed regardless of when such claims may have accrued. If Tutti Vacation changes this Arbitration Agreement, any failure to opt out within 30 days of such changes will be deemed acceptance of those changes. 14. Governing Law and Jurisdiction These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Delaware, including Delaware’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Tutti Vacation must be resolved exclusively by a state or federal court located in the State of Delaware. You and Tutti Vacation agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes. 15. Consent to Electronic Communication By using the Site or Services of Tutti Vacation, you agree to allow Tutti Vacation to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including, without limitation, reports or copies of Background Checks and Preliminary Membership Screens) from Tutti Vacation via the Tutti Vacation Site, Services, mobile application, online messaging platform, or e-mail. You also agree to check your Tutti Vacation account, alerts, and messages, and the e-mail account reflected on your Tutti Vacation (which you are also required to keep updated) on a reasonably regular basis to stay apprised of important notices and information about your account. 16. Miscellaneous Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality or enforceability of any other term or provision of these Terms. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. 17. Severability If a court decides that any term or provision of these Terms other than Section 13 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. 18. Contact Information If you have any questions or need further information as to the Site or Services provided by Tutti Vacation, or need to notify Tutti Vacation as to any matters relating to the Site or Services, please contact Tutti Vacation at: Copyright Agent Tutti Vacation, LLC. Attn: Legal Department 131 Continental Dr, Suite 305, City of Newark, County of New Castle, Delaware 19713