Gone

Terms of Service

Effective Date: January 28, 2026

1. Introduction and Acceptance

Welcome to Gone (the “App”), a travel discovery application operated by Motionary, Inc. (“Motionary,” “we,” “us,” or “our”), a Delaware corporation with its principal place of business at 1111B S Governors Ave STE 37861, Dover, DE 19904.

By downloading, installing, accessing, or using the App, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms within the App or by other reasonable means. Your continued use of the App after such changes constitutes acceptance of the modified Terms.

2. Eligibility

You must be at least 18 years of age to use the App. By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the App on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Account Registration

To access certain features of the App, you must create an account using Sign in with Apple. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice.

4. Description of Service

Gone is a travel discovery platform that helps users explore potential travel destinations based on preferences, vibes, and moods (the “Service”). The App uses artificial intelligence to interpret your travel preferences and present destination ideas with estimated flight information.

Important: Gone does not sell, book, or process any travel reservations. The App is designed for discovery and inspiration purposes. When you choose to book a trip, you will be redirected to third-party websites (such as Google Flights) where you can complete your booking directly with airlines or travel providers. We are not a party to any transaction you make with third parties.

5. Third-Party Services and Data

The App integrates with various third-party services to provide its features. By using the App, you acknowledge and agree to the following:

5.1 Voice Processing (OpenAI)

When you use the voice search feature, your audio recordings are transmitted to OpenAI for transcription using their Whisper service. The transcribed text is then processed by OpenAI's language models to understand your travel intent. OpenAI's use of this data is governed by OpenAI's privacy policy and terms of service.

5.2 Flight Data

Flight information displayed in the App is sourced from third-party travel data providers. This information is provided for informational purposes only. We do not guarantee the accuracy, completeness, or availability of any flight information, including prices, schedules, or availability. Flight data may be delayed, inaccurate, or subject to change without notice.

5.3 Place Information (Google)

Destination imagery and place information may be sourced from Google Places API. When you choose to book a flight, you will be redirected to Google Flights, a service operated by Google LLC. Your use of Google services is governed by Google's terms of service and privacy policy.

5.4 No Endorsement

The inclusion of third-party services does not imply endorsement by Motionary. We are not responsible for the accuracy, legality, or content of third-party services or any transactions you conduct with third parties.

6. Booking and Transactions

Gone does not process bookings or payments for travel. When you select a flight or destination and choose to book, the App redirects you to external websites (such as Google Flights) with pre-populated search parameters based on your preferences. From that point forward:

  1. You are interacting directly with the third-party booking platform, airline, or travel provider;
  2. Any transaction you complete is solely between you and that third party;
  3. Motionary is not a party to, and has no responsibility for, any booking, payment, cancellation, refund, or dispute arising from such transactions;
  4. Prices shown in the App are estimates and may differ from actual prices at the time of booking.

7. Subscriptions and Payments

The App may offer premium features through in-app purchases or subscriptions (“Premium Services”). All payments for Premium Services are processed through Apple's in-app purchase system and are subject to Apple's terms and conditions. Subscription terms, including pricing, billing cycles, and cancellation policies, will be displayed at the time of purchase. You may manage your subscriptions through your Apple ID account settings. Refunds are subject to Apple's refund policy.

8. Free Features and Service Availability

8.1 Free Features

The App may offer certain features at no cost (“Free Features”). Free Features are provided at our sole discretion as a courtesy and are not guaranteed. We reserve the right to modify, limit, or discontinue any Free Features at any time, without prior notice, for any reason, including but not limited to:

  1. Managing operational costs and ensuring business sustainability;
  2. Preventing abuse or excessive usage;
  3. Responding to changes in third-party service costs or availability;
  4. Any other business, technical, or economic reason.

You have no entitlement to continued access to any Free Features, and we shall have no liability for any modification, limitation, or discontinuation of Free Features.

8.2 Service Modifications and Discontinuation

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof), temporarily or permanently, at any time, with or without notice, for any reason. This includes, without limitation, the right to:

  1. Add, remove, or modify features, functionality, or content;
  2. Change usage limits, quotas, or service tiers;
  3. Modify pricing for Premium Services (with notice to existing subscribers as required by Apple's policies);
  4. Discontinue the Service entirely if it becomes economically unviable or for any other reason.

We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

8.3 No Service Level Guarantees

Unless otherwise specified in a separate written agreement, we provide no guarantees regarding service uptime, availability, performance, or response times. The Service is provided on an “as available” basis.

9. User Conduct

You agree not to:

  1. Use the App for any unlawful purpose or in violation of any applicable laws or regulations;
  2. Attempt to gain unauthorized access to the App, its servers, or any related systems or networks;
  3. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App;
  4. Use automated systems, bots, or scripts to access or interact with the App, including our API services;
  5. Interfere with or disrupt the integrity or performance of the App;
  6. Transmit any viruses, malware, or other harmful code;
  7. Impersonate any person or entity or misrepresent your affiliation with any person or entity;
  8. Collect or harvest any information from the App or other users without authorization;
  9. Use the App in any manner that could damage, disable, overburden, or impair our servers or networks.

10. Intellectual Property

The App, including its design, features, content, and underlying technology, is owned by Motionary and is protected by copyright, trademark, and other intellectual property laws. “Gone,” “Motionary,” and related logos are trademarks of Motionary, Inc.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms. This license does not include any right to modify, distribute, sell, or create derivative works based on the App.

11. Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to the practices described in our Privacy Policy.

For users in the European Economic Area (EEA), we process personal data in accordance with the General Data Protection Regulation (GDPR). For users in California, we comply with the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).

12. Disclaimers

THE APP AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by law, Motionary disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Without limiting the foregoing, we do not warrant that:

  1. The App will be uninterrupted, secure, or error-free;
  2. Any flight information, pricing, or availability displayed is accurate, complete, or current;
  3. The results of using the App will meet your requirements;
  4. Any defects in the App will be corrected.

You acknowledge that flight prices are highly dynamic and that information displayed in the App may not reflect real-time pricing or availability. You are solely responsible for verifying all travel information before making any booking.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOTIONARY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, REGARDLESS OF THE THEORY OF LIABILITY.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Motionary and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  1. Your use of the App;
  2. Your violation of these Terms;
  3. Your violation of any rights of any third party;
  4. Any transaction you enter into with third-party travel providers.

15. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

15.1 Agreement to Arbitrate

You and Motionary agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App (“Disputes”) will be resolved exclusively through binding arbitration, rather than in court, except that either party may bring individual claims in small claims court if they qualify.

15.2 Arbitration Procedures

Arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be held in Delaware, or at another mutually agreed location, or via telephone or video conference. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AND MOTIONARY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

15.4 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court's jurisdiction.

15.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@gone.travel within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.

16. Governing Law

These Terms and any Disputes will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. If the arbitration agreement is found unenforceable, any litigation will be conducted exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

17. International Users

The App is operated from the United States. If you access the App from outside the United States, you do so at your own risk and are responsible for compliance with local laws. For users in the European Union, nothing in these Terms affects your statutory rights under applicable consumer protection laws.

18. Termination

We may suspend or terminate your access to the App at any time, for any reason, with or without notice. You may stop using the App at any time. Upon termination, your right to use the App will immediately cease. Sections 10 through 17 will survive any termination of these Terms.

19. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Motionary regarding the App.

Severability. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Notices. We may provide notices to you through the App, by email, or by other reasonable means. You may contact us at the address below.

20. Contact Information

If you have any questions about these Terms, please contact us at:

Motionary, Inc.
1111B S Governors Ave STE 37861
Dover, DE 19904
Email: legal@gone.travel

© 2026 Motionary, Inc. All rights reserved.