Terms of Service

Matterhorn is a pre-launch travel application for iOS. The application is not yet available, and there is no Matterhorn product, account, payment, or service offered through the Site at this time.

The Site is a marketing and information website that currently offers:

• A waitlist for individuals interested in being notified when Matterhorn launches;
• A referral mechanic that allows waitlist members to share a personal link;
• Editorial content, including blog posts and a “What's New” updates feed.

We may add, change, or remove Site features at any time, with or without notice.

Joining the waitlist does not guarantee that Matterhorn will launch, that you will receive access if it does, or that any feature described on the Site will be included in any product we eventually release. Editorial content on the Site, including blog posts and “What's New” entries, may describe planned features, designs, timing, or capabilities. These descriptions are aspirational and forward-looking; actual product features, availability, timing, and functionality may differ materially or may never be released. You should not rely on any content on the Site as a commitment, warranty, or guarantee.

You must be at least 13 years old to use the Site or join the waitlist. The Site is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided us with personal information, please contact us at the email address in Section 13 and we will delete it.

If you are between 13 and 18 (or the age of majority in your jurisdiction), you may use the Site only with the involvement of a parent or guardian.

If you are located in the European Union, the United Kingdom, or another jurisdiction that sets a digital consent age above 13, you must meet that age or have appropriate parental consent.

When you join the waitlist, we collect:

• The email address you provide;
• A referral code, if you arrived via a referral link;
• A coarse geographic location (country, region, and city) derived from your IP address by our network provider — we do not collect precise location;
• The date and time you signed up.

We use this information to manage the waitlist, send you a confirmation email, send you periodic “What's New” updates about Matterhorn, and operate the referral mechanic described in Section 5.

Our transactional and newsletter emails are sent through Resend, a third-party email service provider based in the United States. By joining the waitlist, you consent to your email being processed by Resend for these purposes. You can unsubscribe from “What's New” emails at any time using the unsubscribe link in any email, or by contacting us. Unsubscribing will remove you from the waitlist.

Additional detail about how we collect, use, share, retain, and protect your information — including your rights under the California Consumer Privacy Act (CCPA/CPRA), GDPR, and UK GDPR — is described in our Privacy Policy.

Each waitlist member receives a personal referral link. When someone joins the waitlist using your link, you move up five positions in the queue, subject to these conditions:

• Referrals must be to real, unique individuals with valid email addresses. We may, at our sole discretion, void or reverse any referral we believe is fraudulent, automated, duplicative, self-referred, or otherwise abusive.
• Queue position is for ordering purposes only. It does not guarantee access to Matterhorn, the timing of any access, or any monetary or other compensable value, and it cannot be sold, transferred, or redeemed for cash or other consideration.
• We reserve the right to modify, suspend, or terminate the referral program — including the five-position benefit — at any time and for any reason, with or without notice.
• If you share your referral link publicly (for example, on social media), you are responsible for complying with any disclosure obligations that may apply to you. We recommend disclosing that you may receive a benefit (improved queue position) from referrals.

You agree not to:

• Use the Site for any unlawful purpose or in violation of these Terms;
• Use bots, scrapers, or other automated means to access the Site, submit waitlist entries, or generate referrals;
• Submit false, misleading, or third-party email addresses to the waitlist;
• Attempt to interfere with, disrupt, or compromise the Site, its infrastructure, or its security;
• Reverse engineer, copy, or create derivative works from the Site or its content, except as expressly permitted; or
• Use the Site or its content in a way that infringes our intellectual property rights or those of any third party.

We may suspend or terminate your access to the Site, remove you from the waitlist, void your referrals, or take other action at our sole discretion if we believe you have violated these Terms.

The Site and its content — including text, graphics, logos, designs, blog posts, “What's New” entries, and the Matterhorn name and marks — are owned by Matterhorn or our licensors and are protected by intellectual property laws.

You may view and share our editorial content for personal, non-commercial purposes, and you may link to the Site, provided you do so in a way that is not misleading or disparaging. All other uses require our prior written consent.

If you send us feedback, suggestions, or ideas about Matterhorn, you agree we may use them without restriction, attribution, or compensation.

The Site may contain links to third-party websites or services. We do not control and are not responsible for the content, policies, or practices of any third party. Accessing third-party services is at your own risk and subject to their terms.

THE SITE AND ALL CONTENT, INCLUDING THE WAITLIST AND REFERRAL MECHANIC, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE ACCURATE OR COMPLETE. WE DO NOT WARRANT THAT MATTERHORN WILL LAUNCH OR THAT ANY DESCRIBED FEATURE WILL BE OFFERED.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the exclusions above apply to the maximum extent permitted by law.

TO THE FULLEST EXTENT PERMITTED BY LAW, MATTERHORN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, fraud, or, where applicable, personal injury caused by our negligence. If you are a consumer in a jurisdiction that does not permit the limitations in this section, the limitations apply to the maximum extent permitted by law and do not affect your statutory rights.

To the extent permitted by law, you agree to indemnify and hold Matterhorn and its officers, directors, employees, and agents harmless from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms, your misuse of the Site, or your violation of the rights of any third party. This does not apply to the extent any claim arises from our own gross negligence or willful misconduct.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her would have materially affected his or her settlement with the debtor or released party.

Residents of other jurisdictions waive any comparable statute or doctrine to the extent permitted by applicable law.

Informal resolution. Before filing any formal claim against us, you agree to first contact us at the email address in Section 13 and give us at least 30 days to resolve the issue informally. Most disputes can be resolved this way.

Governing law. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles.

Jurisdiction. Subject to the consumer carve-out below, you agree that any claim or dispute arising out of or related to these Terms or the Site will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction in those courts.

Consumer carve-out. If you are a consumer residing in the European Union, the United Kingdom, or another jurisdiction whose laws give you the right to bring a claim in your home courts or under your local consumer protection laws, nothing in these Terms removes that right. You may bring a claim in the competent court of your country of residence, and the mandatory consumer protections of your country of residence apply to you regardless of the governing law clause above.

Questions, requests, or notices under these Terms (including under Sections 3, 4, and 12) should be sent to:

These Terms and the Privacy Policy are the entire agreement between you and Matterhorn regarding the Site and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, financing, or sale of assets, or otherwise at our discretion. The section headings are for convenience only.