Terms of Service

01Acceptance of terms

These Terms of Service are an agreement between you and TourGuid LLC ("TourGuid," "we," "us"), which operates the TourGuid app (the "App"). By creating an account or using the App, you agree to these Terms. If you don't agree, please don't use the App.

02Eligibility

You must be at least 18 years old to create an account, and you confirm this when you sign up.

03Your account

You're responsible for keeping your password secure and for activity that happens under your account. Tell us if you believe your account has been compromised.

04Trips, roles & content

The person who creates a trip is its Trip Coordinator and controls the trip's core details and itinerary. Everyone else who joins — by invitation or an approved join request — is a Member. Members can view the itinerary and contribute checklist items.

You're responsible for the content you add to a trip: titles, notes, checklist items, photos, and documents. Don't upload anything you don't have the right to share, or anything illegal, harassing, or infringing.

05Invitations

You can invite people to a trip by email or phone number, whether or not they already use the App. Only invite people who'd actually want to hear from you — using this feature to contact people who haven't asked to isn't an acceptable use of the App, and repeated abuse may result in your account being suspended. Invitation volume is also rate-limited.

06Acceptable use

Don't use the App to harass, impersonate, or defraud anyone; to upload malware or attempt to compromise the App's security; or to violate any applicable law.

07Account deletion

You can permanently delete your account at any time from the Account screen in the App. This deletes your profile, the trips you created, your membership in other people's trips, and the posts, comments and messages you sent, and cannot be undone. If you can't open the App, you can ask us to delete it instead: see Delete your account.

08Disclaimer of warranties

The App is provided "as is." We don't guarantee it will be uninterrupted or error-free, or that itinerary information — including third-party address suggestions — will always be accurate. Always confirm travel details like flights, reservations, and addresses directly with the relevant provider.

09Security, and events outside our control

We take security seriously and use reasonable measures to protect the App and the information in it, including access rules enforced by the database itself, private storage served through short-lived links, and hashed passwords we never see. No system, and no organisation, is perfectly secure.

You acknowledge and accept that criminal attacks on software are a real and continuing risk, and that they can succeed against parties who have taken reasonable precautions. To the maximum extent permitted by applicable law, TourGuid and its owner and developer are not liable for any loss, damage, cost or claim arising from: unauthorised access to, or use of, the App or its systems; hacking, phishing, credential theft, malware, or exploitation of a vulnerability in the App or in software or infrastructure we rely on; ransomware or any other attack in which data is encrypted, made inaccessible, held to ransom, or its release threatened; theft, copying, exfiltration, publication or sale of data by a third party; corruption, alteration, deletion or destruction of data; or interruption of the service by denial-of-service attack or similar interference.

The same applies to events outside our reasonable control, including acts of God, natural disaster, fire, flood, epidemic, war, terrorism, civil unrest, strike, embargo, sanction, government or court order, seizure of equipment or data by any authority, failure or discontinuation of a network, hosting, payment, communications or other third-party service we depend on, and interruption of internet or power supply.

Nothing in this section relieves us of any duty applicable law places on us to maintain reasonable security or to notify you of a security incident, and nothing in it is a waiver of any right you hold under a law that does not permit that right to be waived.

You are responsible for the security of your own account: keeping your password secret, keeping your devices and email account secure, and telling us promptly if you believe your account has been compromised.

10Limitation of liability

To the fullest extent permitted by law, TourGuid, its owner, its developer, and their officers, employees, contractors, agents and suppliers are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, opportunity, anticipated savings, or data, arising out of or in connection with the App or these Terms, whether the claim is brought in contract, tort (including negligence), strict liability, statute or otherwise, and whether or not we were advised that such damages were possible.

This includes, without limitation, missed flights, missed reservations, cancelled or disrupted travel, additional travel or accommodation costs, inaccurate or out-of-date itinerary or address information, information supplied by a vendor or other third party, and any loss of, or inability to reach, content you stored in the App.

Cap on our total liability. To the fullest extent permitted by law, our total aggregate liability for all claims relating to the App or these Terms in any twelve-month period will not exceed the greater of the total amount you paid us for the App during that period, or one hundred United States dollars (US$100).

These limits are an essential part of the agreement between us, and they apply even if a limited remedy is found to have failed its essential purpose.

11Your decision to use the App

You confirm that you have chosen, of your own free will, to use the App and its features, and that you do so at your own risk. Nobody requires you to use it. You choose what to put into it, whom to invite, what to post, what audience to post it to, and what to book.

You confirm that you have had the opportunity to read these Terms and the Privacy Policy, that you understand what the App collects and who can see it, and that you accept the risks described in these Terms — including the security risks in the section above — as the condition on which the App is made available to you free of charge or at the price stated.

If you do not accept those risks, your remedy is to stop using the App and delete your account, which you can do at any time from the Account screen.

12Your indemnity

You agree to defend, indemnify and hold harmless TourGuid, its owner, its developer, and their officers, employees, contractors and agents (each an “Indemnified Party”) from and against any claim, demand, action, proceeding, investigation, liability, judgment, settlement, loss, damage, fine, penalty, cost or expense, including reasonable legal fees and the costs of enforcing this indemnity, brought by any person and arising out of or relating to:

(a) your use of, or activity on, the App;

(b) anything you upload, post, send, share or store, including photographs, video, documents and messages, and any claim that it infringes another person's rights or breaks the law;

(c) information you enter about another person, including a co-traveller, invitee or booking participant, and any claim about how that information was collected, used or shared;

(d) your breach of these Terms or of the Privacy Policy;

(e) your violation of any law, regulation, or the rights of any third party; and

(f) any dispute between you and another user, a vendor, or any other third party.

We will tell you promptly of any claim we are aware of that is covered by this indemnity. We may take control of the defence and settlement of any such claim at your expense, and you will cooperate with us. You will not settle any claim in a way that admits fault on the part of an Indemnified Party, imposes any obligation on one, or requires one to be named, without our prior written consent.

This indemnity does not apply to the extent a claim arises from the gross negligence, wilful misconduct or fraud of an Indemnified Party, or from anything applicable law does not permit to be indemnified.

This indemnity survives the deletion of your account and the termination of these Terms.

13Rights that cannot be excluded

Some laws do not allow certain liabilities to be excluded or limited, and this section is stated plainly because the sections above should not be read as claiming more than the law allows.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for our own gross negligence or wilful misconduct, or for anything else that applicable law says cannot be excluded or limited.

Nothing in these Terms waives a right you hold under a law that forbids waiving it. If you are a California resident, that includes rights under the California Consumer Privacy Act, including its provisions about certain data breaches, which cannot be waived by agreement. If you are a consumer in the European Union, the United Kingdom, Australia or another jurisdiction with mandatory consumer guarantees, those guarantees apply regardless of what these Terms say, and you keep any mandatory rights and remedies your local law gives you.

If a court finds any part of these Terms unenforceable, that part is limited or removed to the least extent necessary and the rest continues in force.

14Changes to the App or these Terms

We may update the App or these Terms over time. Continuing to use the App after a change means you accept the updated Terms.

15Governing law

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-law principles. Any dispute arising from these Terms or your use of the App is subject to the exclusive jurisdiction of the state and federal courts located in California.

16Contact

Questions about these Terms: write to TourGuid LLC at admin@tourguid.net.