Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and HYPERSMARTY LLC, operating as Vacay Alchemist (“Vacay Alchemist,” “we,” “us,” or “our”), governing your access to and use of vacayalchemist.com and the trip-planning service offered through it (the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Description of the Service

Vacay Alchemist is an AI-assisted trip-planning information service. You answer questions about your trip through a chat interface, and we generate a personalized, informational trip itinerary — including suggested restaurants, activities, and booking links for flights, hotels, and other travel services — which is delivered to the email address you provide.

Vacay Alchemist is not a travel agency, tour operator, airline, hotel, or booking platform. We do not book, reserve, purchase, or confirm any flight, hotel, rental car, activity, or other travel arrangement on your behalf. You are responsible for making and paying for all actual travel bookings directly with the relevant third-party providers.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract under applicable law to use the Service. By using the Service, you represent that you meet these requirements. The Service is intended for personal, non-commercial use in planning your own travel.

3. No User Accounts

The Service does not require you to create a password-protected account. Access to your itinerary is provided via a unique link sent to the email address you provide. You are responsible for keeping that link reasonably secure, as anyone with access to it can view your itinerary.

4. Ordering, Pricing, and Payment

The Service is offered in one-time-purchase tiers (currently Basic, Smart Detailed, and Premium), each at the price displayed at the time of purchase. Prices are subject to change at any time without notice for future purchases; changes will not affect a purchase you have already completed. Payment is processed securely by Stripe. By submitting payment, you represent that you are authorized to use the payment method provided.

5. Delivery of the Service

Itineraries are typically generated and delivered within minutes of purchase, but delivery times are not guaranteed and may vary. If you do not receive your itinerary within a reasonable time, contact us at info@vacayalchemist.com and we will investigate and assist you.

6. Refund Policy

Because the Service delivers a digital, personalized itinerary that is typically generated within minutes of purchase, all sales are generally final once your itinerary has been delivered. Refunds are not guaranteed but may be considered at our discretion in cases such as: non-delivery of your itinerary within a reasonable time, a materially defective or incomplete itinerary, or duplicate/erroneous charges. To request consideration of a refund, contact info@vacayalchemist.com with your order details. This section does not limit any non-waivable statutory refund or cancellation rights you may have under applicable law.

7. Third-Party Bookings and Affiliate Links

Your itinerary includes links to third-party websites and platforms (for example, airlines, hotels, car-rental companies, activity providers, and restaurant reservation platforms) where you may choose to complete an actual booking. When you click these links, you leave the Service and deal directly with that third party under its own terms, pricing, availability, and cancellation policies. We have no control over, and are not responsible for, the accuracy of third-party listings, pricing, availability, quality of service, or any transaction you enter into with a third party.

Some links may be affiliate links. If you complete a booking through such a link, Vacay Alchemist may earn a commission from the third-party provider, at no additional cost to you. This does not influence the informational content of your itinerary.

8. AI-Generated Content; No Guarantee of Accuracy

Your itinerary, including restaurant and activity suggestions, pricing context, weather information, and other content, is generated with the assistance of artificial intelligence and data from third-party sources. While we design the Service to link to real, verifiable listings and live data sources rather than fabricate details, AI-assisted and third-party-sourced content can still be incomplete, outdated, or inaccurate — including business hours, availability, pricing, closures, and travel logistics.

You are responsible for independently verifying all time-sensitive or critical information — including opening hours, reservation requirements, prices, visa and entry requirements, vaccination or health requirements, travel advisories, and safety information — directly with the relevant official or third-party source before relying on it or making travel decisions or purchases based on it.

The Service, including any safety-advisory information it displays, is provided for general informational purposes only and does not constitute professional travel, legal, medical, immigration, financial, or safety advice. Always consult your government’s official travel advisory resources and qualified professionals as appropriate before and during travel.

9. Your Responsibilities

You agree to: provide accurate information when using the Service; use the Service only for lawful, personal trip-planning purposes; independently obtain and verify any required travel documents, visas, vaccinations, insurance, and entry requirements for your trip; and comply with all applicable laws and third-party terms when booking or traveling.

10. Intellectual Property

The Service, including its design, text, graphics, software, and the Vacay Alchemist name and branding, is owned by HYPERSMARTY LLC or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use your itinerary for your own personal trip-planning purposes. You may not copy, resell, redistribute, or create derivative commercial works from the Service or its content without our prior written consent.

11. Prohibited Uses

You agree not to:

- Use the Service for any unlawful purpose or in violation of these Terms
- Attempt to gain unauthorized access to the Service, other users’ trip links, or our systems
- Interfere with or disrupt the integrity or performance of the Service
- Use automated means (bots, scrapers) to access the Service without our prior written permission
- Misrepresent your identity or provide fraudulent payment information
- Reverse-engineer or attempt to extract the underlying logic of the Service

12. Disclaimer of Warranties

The service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not warrant that the service will be uninterrupted, error-free, or secure, or that any itinerary, recommendation, or third-party listing will be accurate, complete, or available.

13. Limitation of Liability

To the fullest extent permitted by applicable law, HYPERSMARTY LLC and its owners, employees, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, data, goodwill, or travel costs (including but not limited to airfare, lodging, cancellation fees, or costs arising from a missed or disrupted trip), arising out of or related to your use of, or inability to use, the service — even if we have been advised of the possibility of such damages. To the fullest extent permitted by law, our total aggregate liability to you for any claim arising out of or relating to the service will not exceed the amount you actually paid us for the itinerary giving rise to the claim in the twelve (12) months preceding the claim.

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

14. Indemnification

You agree to indemnify, defend, and hold harmless HYPERSMARTY LLC and its owners, employees, and service providers from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party, including any third-party travel provider.

15. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our discretion. Provisions of these Terms that by their nature should survive termination (including Sections 8, 12, 13, 14, 17, and 18) will survive.

16. Changes to the Service or These Terms

We may modify, suspend, or discontinue any part of the Service at any time. We may also update these Terms from time to time; if we make material changes, we will update the “Effective date” above. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Illinois, United States, without regard to its conflict-of-laws principles. Before filing a claim against us, you agree to first contact us at info@vacayalchemist.com and attempt to resolve the dispute informally. If a dispute is not resolved informally within 30 days, any legal action or proceeding will be brought exclusively in the state or federal courts located in Lake County, Illinois, and you consent to the personal jurisdiction of such courts.

18. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.

19. Contact Us

HYPERSMARTY LLC (Vacay Alchemist)
6615 Grand Ave 1135, Gurnee, IL 60031, United States
info@vacayalchemist.com