Wayward Terms of Service

Last updated: August 21, 2026

Jump to Data Processing Terms

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://wayward.travel website and the Wayward mobile application (the "Service") operated by Lost Corporation dba Wayward ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms 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. If you disagree with any part of the terms then you may not access the Service.

Service Fees and Billing Information

Some parts of the Service may be billed with a Service Fee for use of the Service.

A valid payment method, including credit card, is required to process the payment for your Service Fees. You shall provide Lost Corporation with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Lost Corporation to charge all Service fees incurred through your account to any such payment instruments.

Subscriptions

Some parts of the Service may be billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Lost Corporation cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Lost Corporation customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Lost Corporation with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Lost Corporation to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Lost Corporation will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Lost Corporation may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Lost Corporation until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Lost Corporation, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Lost Corporation reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Lost Corporation, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Lost Corporation will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Lost Corporation on a case-by-case basis and granted in sole discretion of Lost Corporation.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, maps, routes, graphics, videos, or other material ("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, perform, 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 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.

Accounts

When you create an account with us, you must provide us 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 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 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.

Data Processing

If you use the Service to take bookings, signatures, or form submissions from your own customers ("Guest Data"), you act as the data controller of that Guest Data and Lost Corporation acts as your data processor. The Data Processing Terms set out in the Appendix to these Terms apply to all processing of Guest Data and form part of these Terms; in the event of a conflict regarding the processing of Guest Data, the Appendix prevails. You are responsible for having a lawful basis for the Guest Data you collect through the Service, for the accuracy of the privacy notices you give your customers, and for using the marketing features of the Service only with guests who have given the consent the Appendix and applicable law require.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Lost Corporation and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States 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 Lost Corporation.

When you upload content, you give to Lost Corporation a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Lost Corporation business.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Lost Corporation.

Lost Corporation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Lost Corporation 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 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 and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Lost Corporation and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Lost Corporation, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Lost Corporation its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Lost Corporation ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Lost Corporation or any person for whom Lost Corporation is responsible, and even if Lost Corporation has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try 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, you must stop using the service.

Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Contact Us

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

• By email: help@wayward.travel

Appendix: Data Processing Terms

Effective: August 21, 2026 · Part of the Terms of Service

This Appendix (the "Data Processing Terms" or "DPA") forms part of the Terms of Service between Lost Corporation dba Wayward ("Wayward", the "Processor") and the customer operating a brand on the Service (the "Customer", the "Controller"), and governs Wayward's processing of Guest Data on the Customer's behalf.

1. Roles and scope

The Customer is the controller of Guest Data; Wayward is the processor. "Guest Data" means personal data of the Customer's guests, participants, and prospects processed through the Service (bookings, waitlist entries, waiver signatures, form submissions, contact records, and trip communications), as described in Annex A. This DPA applies for as long as Wayward processes Guest Data for the Customer.

2. Processing on instructions

Wayward processes Guest Data only on the Customer's documented instructions (given through the Service's features and settings, the Terms, and this DPA) unless required to do otherwise by law, in which case Wayward will inform the Customer before processing unless the law prohibits it. Wayward does not use Guest Data for its own marketing, does not sell it, and does not share one Customer's Guest Data with any other customer.

3. Confidentiality

Wayward ensures that persons authorised to process Guest Data are bound by confidentiality obligations and access it only as needed to operate, support, and secure the Service.

4. Security

Wayward implements and maintains appropriate technical and organisational measures as described in Annex B, and may update them provided the overall level of protection does not materially decrease.

5. Sub-processors

The Customer grants general authorisation for the sub-processors listed in Annex C. Wayward will give at least 30 days' notice before adding or replacing a sub-processor, by updating Annex C and providing notice in the console; the Customer may object on reasonable data-protection grounds, and if no resolution is found may terminate the affected part of the Service. Wayward imposes data-protection obligations on each sub-processor materially equivalent to this DPA.

6. Assistance with data subject rights

Taking into account the nature of the processing, Wayward assists the Customer in responding to data subject requests, primarily through the Service's own features for exporting and erasing a guest's data, and otherwise with reasonable assistance on request. If a data subject contacts Wayward directly about Guest Data, Wayward will refer them to the Customer.

7. Personal data breach

Wayward will notify the Customer without undue delay after becoming aware of a personal data breach affecting Guest Data, providing the information reasonably available at the time (nature, categories and approximate volumes affected, likely consequences, and measures taken) and will supplement it as the investigation progresses. Wayward will reasonably assist the Customer with the Customer's own notification obligations.

8. Retention, deletion, and return

During the term, Guest Data is retained per the Customer's use of the Service and the retention schedule in Annex A. Upon termination of the Customer's account, Wayward will delete Guest Data within a reasonable time after a written request (or return it via export first, on request), except where law requires retention, in which case the data remains protected under this DPA and is deleted when the requirement lapses. Deleted data ages out of backups on the normal backup rotation cycle.

9. Special categories

The Service allows the Customer to collect health-related information (for example dietary requirements and medical notes) where the Customer needs it for the safety of an experience. The Customer is responsible for having a valid legal basis under applicable data protection law, normally the guest's explicit consent, before collecting it. Wayward protects such data in accordance with Annex B.

10. Audits and information

Wayward will make available information reasonably necessary to demonstrate compliance with its obligations as a processor under applicable data protection law, including this DPA, the Annexes, and summaries of relevant security measures. Where applicable law entitles the Customer to an audit beyond that information, Wayward will allow for and contribute to it no more than once per year, on reasonable notice, at the Customer's expense, during business hours, and in a manner that does not compromise other customers' data or Wayward's security.

11. International transfers

Guest Data is processed in the United States. Where Guest Data originates from the EEA, UK, or Switzerland, the parties rely on the Standard Contractual Clauses (Module 2, controller-to-processor), which are incorporated by reference with the details in the Annexes, alongside each sub-processor's applicable transfer mechanism.

12. General

This DPA is subject to the limitations and exclusions of liability set out in the Terms of Service, which apply to Wayward's liability under this DPA in aggregate with its liability under the Terms. This DPA replaces any prior data-processing terms between the parties and lasts as long as Wayward processes Guest Data for the Customer.

Annex A: Processing details

Annex B: Technical and organisational measures

• Encryption of data in transit and at rest, with additional protection for special-category data
• Role-based access control within each brand; sensitive and destructive operations restricted and logged
• Data minimisation by design, including no third-party tags on guest-facing booking pages
• Automated enforcement of retention schedules; guest access links expire
• Honouring of unsubscribe and suppression signals across sending
• Separated staging and production environments; infrastructure access limited to authorised personnel

Annex C: Authorised sub-processors

Last updated: August 21, 2026. Changes are announced at least 30 days in advance per §5.

Removed since the previous policy: Mixpanel (product analytics) and Radar (location services) are no longer used and no longer receive any data.