Terms of Service Agreement
Copernican Admin, LLC
1. Introduction
TourClaim services are provided by Copernican Admin, LLC ("Company"). By accessing or using our services, you agree to be bound by this “Terms of Service Agreement” ("Agreement"). This Agreement outlines the rights and responsibilities of the Catalina Island Company ("User") and the Company regarding the use of the TourClaim services.
2. Description of Services
TourClaim by Copernican is a credit card benefits claims-assistance platform that helps cardholders identify, retrieve, and submit eligible trip cancellation, interruption, or refund benefits associated with their credit card(s). Copernican does not sell insurance, act as an insurer, or claims adjuster, nor do we guarantee approval of any benefit. Our services are provided solely to assist your customers in exercising existing cardholder benefits provided by their credit card issuer or associated benefit administrator.
3. Accounts and Responsibilities
Users must register for an account to access and use the services provided by Company. Additionally, the User must provide the Company with access to its reservation system. The User must also include a link in each confirmation email sent to its customers, directing eligible customers to TourClaim. The language for this link and its accompanying message shall be written by Company and may not be altered without the Company’s approval.
User shall also provide Company with its standard cancellation policy for each activity. Company, at User’s request, may assist User with crafting a cancellation policy. User is responsible for verifying that their cancellation policy, whether supplied by User or created in conjunction with Company, complies with all applicable laws and regulations and contracts that may impact User’s cancellation policy.
During registration, User is required to provide accurate and complete information. Both Company and User are responsible for maintaining the confidentiality of account credentials. Any activity occurring under a User’s account is their responsibility, and they must notify the Company immediately if they suspect unauthorized access.
The Company reserves the right to refuse registration, terminate accounts, or suspend access to the services at its discretion, particularly in cases of fraudulent activity or misuse.
4. Restrictions on Use
Users are strictly prohibited from engaging in activities that violate applicable laws or infringe upon the Company’s intellectual property rights. Specifically, users may not attempt to reverse-engineer, decompile, or disassemble any aspect of the software underlying TourClaim. Modification, translation, or derivative works based on the services are not permitted unless explicitly authorized by the Company.
Additionally, users may not remove or alter any proprietary notices or labels on the services. The Company retains all rights to its proprietary technology, and users must not attempt to export or re-distribute the services in violation of applicable laws.
5. Fees and Payments
User agrees to pay Copernican Admin, LLC the monthly subscription fee selected by customer. The subscription fee will be automatically charged to the credit card submitted by User to Company.
The Company reserves the right to modify service fees with a thirty (30) day notice. Users must ensure timely payment of invoices, which must be settled within thirty (30) days. Failure to pay may result in suspension or termination of service.
6. Service Availability and Support
The Company commits to maintaining 99.9% uptime, excluding scheduled maintenance and force majeure events. Technical support is available via telephone and email during business hours, with a target response within one business day.
7. Confidentiality
Both parties acknowledge that confidential business, technical, and financial information may be shared. Proprietary information related to the Company’s technology and service functionality is protected under this Agreement. Likewise, User retains rights to any personal or customer data provided through the services.
Confidentiality obligations remain for five (5) years following disclosure. Neither party may disclose proprietary information without prior written consent, except as required by law.
8. Termination
This Agreement remains in effect unless terminated by either party with thirty (30) days’ written notice. Upon termination, the Company will allow User to retrieve stored data for up to thirty (30) days, after which all data may be deleted. User remains responsible for outstanding payments. The Company is not liable for any losses due to service discontinuation.
9. Warranty Disclaimer
The Company provides services “as-is” and makes no guarantees regarding uninterrupted or error-free operation. The Company disclaims all warranties, express or implied, including merchantability or fitness for a particular purpose.
The Company does not guarantee that customers will receive refunds from their credit card companies. TourClaim only assists in claim submission; approval remains at the issuer’s discretion.
10. Limitation of Liability
Under no circumstances shall the Company, its affiliates, or suppliers be liable for indirect, incidental, or consequential damages, including loss of profits or data. The maximum liability is limited to the total fees paid by User in the three (3) months preceding the event giving rise to the claim.
11. Insurance
Company and User agree to maintain General Liability Insurance naming the other as additional insured, with minimum limits of $1M per occurrence and $2M aggregate. Insurance must include waiver of subrogation, be primary and non-contributory, and carried with AM Best A-/VII or better. Company’s insurance should list Santa Catalina Island Company and its subsidiaries as certificate holders. Both parties shall maintain Worker’s Compensation and cyber liability insurance.
12. Indemnification
Each party agrees to indemnify and hold harmless the other, including officers, directors, employees, and affiliates, from any claims, damages, or liabilities arising from violations of this Agreement or misuse of the services.
13. Governing Law
This Agreement is governed by the laws of the State of California. Any disputes shall be resolved in California courts.
14. Modifications to Terms
The Company reserves the right to update or modify these Terms of Service with thirty (30) days’ notice. Continued use of the services after modifications constitutes acceptance of the revised terms.
15. Contact Information
For questions or support, contact the Company at support@getcopernican.com.
16. Electronic Acceptance / Signature
By clicking “I Agree,” “Accept,” or otherwise electronically indicating consent, you acknowledge that you have read, understood, and agree to be bound by this Agreement. Your electronic signature has the same legal force as a handwritten signature under the U.S. E-SIGN Act and UETA.