Terms of Service

Last Updated: February 26, 2026

These Terms of Service ("Terms") govern your access to and use of UpandVacay (the "Service"), operated by Nicholas Kothman, and any future limited liability company or successor entity (collectively, "Company," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Description of Service

The Service provides informational tools, analytics, and educational content related to travel rewards programs, airline miles, hotel loyalty programs, transfer partners, and promotional offers.

The Service does not:

All decisions are your sole responsibility.

2. No Financial Advice

All valuations, projections, optimization suggestions, and marketing statements are for informational purposes only.

We are not financial advisors, tax professionals, travel agents, or investment advisors.

You are solely responsible for:

You should independently verify all information before making financial decisions.

3. Fluctuations; No Guarantees

Travel rewards programs and related offers are subject to change at any time without notice.

You acknowledge and agree that:

We do not guarantee:

All actions taken are at your own risk.

4. Third-Party Services and APIs

The Service may reference or integrate with third-party systems, including airlines, hotels, loyalty programs, and payment processors.

We are not responsible for:

Your use of third-party services is governed by their respective terms.

5. User Accounts

You may create an account using your email address. We do not store loyalty program passwords.

You may submit information such as:

You retain ownership of your data but grant us a limited license to operate and improve the Service. You are responsible for maintaining account security.

6. Subscriptions and Billing

Certain features require a paid subscription.

Subscriptions:

You may cancel at any time through your account dashboard. Cancellation takes effect at the end of the current billing period.

7. Refund Policy

We offer a seven (7) day refund window for first-time subscriptions.

To request a refund, email upandvacay@gmail.com within seven days of purchase.

Refunds:

8. Usage Limits

We may impose usage limits, including but not limited to daily request limits and rate throttling. We may modify usage limits at any time.

9. Affiliate Disclosure

The Service may contain affiliate links. We may receive compensation if you apply or purchase through such links, at no additional cost to you. Affiliate relationships do not grant partners access to your personal data.

10. Testimonials

Testimonials reflect individual experiences and do not guarantee similar results. We may display testimonials with permission and may edit them for clarity.

11. Limitation of Liability

To the fullest extent permitted by law:

We are not liable for indirect, incidental, consequential, or punitive damages, including lost points, lost travel opportunities, or financial loss.

Our total liability shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

12. Arbitration Agreement

Any disputes shall be resolved through binding individual arbitration. You waive the right to participate in class actions. Arbitration shall take place in Massachusetts.

13. Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts.

14. Assignment

We may assign these Terms to a future limited liability company or successor entity without requiring user consent. Continued use constitutes acceptance of such assignment.

15. Changes to Terms

We may update these Terms at any time. Continued use of the Service constitutes acceptance of revisions.