VoyagePort Galapagos API + Plugin Terms & Conditions

Effective Date: [Insert Date]
These Terms of Service (“Terms”) govern access to and use of the VoyagePort portal, API, and WordPress plugin service (the “Service”) provided by VoyagePort Inc. (“VoyagePort,” “we,” “us,” or “our”) to the subscribing customer (“Customer,” “you,” or “your”).

By purchasing, accessing, or using the Service, you agree to these Terms.

1) The Service

1.1 Service Overview. The Service provides an API and WordPress plugin components that enable the Customer to display and sell cruise inventory through a branded online experience.

1.2 Core Features (included).

• Support for 1–10 cruise boats listed for sale.
• Deployment on a subdomain of your website (e.g., galapagos.yourdomain.com) or an independent domain you control.
• Design modifications intended to match and integrate into your existing website user experience.
• Real-time availability, pricing, reservations, and bookings served through the Service.
• Automated cruise data updates including departures, availability, last-minute deals, cabin configurations, interactive itineraries, and related content.
• Responsive design for mobile and tablet.
• Customer booking flow designed so customers do not need to leave your portal.
• Compatibility with Google Analytics and Google Ads tracking (subject to your configuration and accounts).
• Ongoing security updates and speed optimization for the Service components we manage.
• 99% API uptime target as further described in Section 7.

1.3 Changes to the Service. We may enhance, modify, or discontinue non-material features from time to time. If we make a material reduction in core functionality, we will provide reasonable notice.

2) Eligibility and Account Responsibilities

2.1 Authority. You represent that you are authorized to bind your business to these Terms.

2.2 Account Security. You are responsible for maintaining the confidentiality of credentials and for all activities under your account.

2.3 Customer Responsibilities. You are responsible for:

• Owning and maintaining your domain/subdomain and DNS configuration.
• Maintaining your WordPress environment to the extent it is not hosted/managed by VoyagePort.
• Providing accurate cruise content inputs if you supply any custom data or assets (logos, copy, brand guidelines).
• Compliance with applicable consumer protection, travel, and e-commerce laws in the jurisdictions where you operate.

3) Subscription, Fees, and Payment

3.1 Fees. The Service is offered at USD $295 per month for up to 1–10 cruise boats.

3.2 Billing Cycle. Fees are billed monthly in advance unless otherwise stated at checkout or in an order form.

3.3 Late Payments. If payment is overdue, we may suspend access to the Service until payment is received.

3.4 Taxes. Fees are exclusive of taxes. You are responsible for any applicable taxes, duties, or governmental charges, except taxes based on our net income.

3.5 No Refunds for Partial Periods. Unless required by law, subscription fees are non-refundable and we do not provide prorated refunds for partial months.

4) Term and Cancellation

4.1 Term. These Terms apply starting on the date you first access the Service and continue month-to-month.

4.2 Cancellation. You may cancel at any time with 30 days’ notice by written request to the support contact published on our website or provided in your account.

4.3 Suspension/Termination by VoyagePort. We may suspend or terminate your access if:

• You materially breach these Terms and do not cure within a reasonable period after notice;
• Your use creates security risk, legal exposure, or operational harm;
• Required payments are not made.

4.4 Effect of Termination. Upon termination or expiration:

• Your access to the Service and API will end.
• Hosted components and portal access may be deactivated.
• We are not obligated to retain data beyond standard operational retention unless agreed in writing.

5) Acceptable Use

You agree not to, and not to allow any third party to:

• Misuse, disrupt, or interfere with the Service or its security features.
• Reverse engineer or attempt to extract source code except to the extent prohibited by law.
• Use the Service to transmit malware, spam, or unlawful content.
• Access the Service in a way intended to avoid fees, rate limits, or restrictions.

We may implement reasonable rate limits and controls to protect the Service.

6) Customer Content and Booking Data

6.1 Customer Content. You retain ownership of the content you provide (logos, copy, images, branding assets). You grant VoyagePort a limited license to use that content only to deliver the Service.

6.2 Booking Data. As between the parties, Customer owns booking/customer relationship data generated through your portal, subject to applicable law and the privacy obligations in Section 9.

6.3 Data Processing. The Service may process data required to complete reservations/bookings, operate the portal, provide analytics instrumentation, and provide support.

7) Availability and Uptime

7.1 API Uptime Target. We target 99% uptime for the API that provides data to the portal, measured monthly, excluding:

• Scheduled maintenance (we will use reasonable efforts to provide notice);
• Force majeure events;
• Issues caused by Customer systems, third-party services, internet providers, DNS/hosting outages outside our control, or misuse.

7.2 No Guarantee of Uninterrupted Operation. The Service may occasionally be unavailable for maintenance, upgrades, or unforeseen issues.

8) Support and Maintenance

8.1 Maintenance. We perform ongoing maintenance to support security, performance, and reliability.

8.2 Support. Support is provided through the channel(s) listed on our website or your order documentation. We may offer different response targets depending on plan or business hours.

8.3 Out-of-Scope Work. Custom development, special integrations, major design overhauls, or expansions beyond the included scope may require a separate statement of work and additional fees.

9) Privacy and Compliance

9.1 Privacy. You agree to maintain a privacy policy on your website that accurately describes how you collect, use, and share personal data.

9.2 Legal Compliance. Each party will comply with applicable privacy and data protection laws relevant to its role. If a data processing addendum (DPA) is required, we can provide one on request.

9.3 Analytics. Google Analytics and Google Ads tracking require your own accounts and configuration. You are responsible for obtaining any required user consents (e.g., cookie consent) and configuring tags appropriately.

10) Intellectual Property

10.1 VoyagePort IP. VoyagePort retains all rights, title, and interest in the Service, including the API, plugin, platform, software, and related documentation, excluding Customer Content.

10.2 License to Use. During an active subscription term, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business and customer-facing booking operations.

11) Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOYAGEPORT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will meet all requirements, be uninterrupted, or be error-free.

12) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• VOYAGEPORT WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE, EVEN IF ADVISED OF THE POSSIBILITY.
• VOYAGEPORT’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO VOYAGEPORT FOR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

13) Indemnification

You agree to defend, indemnify, and hold harmless VoyagePort and its officers, directors, employees, and contractors from claims arising out of:

• Your content, your website, or your business operations;
• Your breach of these Terms;
• Your violation of applicable law in connection with bookings/sales made through your portal.

14) Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Missouri, without regard to conflict of laws principles. Any dispute shall be handled in accordance with applicable Missouri law, and the parties agree to exclusive jurisdiction and venue in Clark County, Missouri, unless otherwise required by law.

15) Changes to These Terms

We may update these Terms from time to time. If changes are material, we will provide reasonable notice by posting an updated version and changing the Effective Date. Continued use of the Service after the Effective Date constitutes acceptance.

16) Contact

Questions about these Terms or the Service should be directed to:
VoyagePort Inc.
[email protected]