Platform Terms for Guides
Terms that apply to guides, driver-guides, hosts, and operations users who access the Tripshepherd platform in a guide-facing or operations-facing role.
Platform Terms for Guides
Last Updated: June 3, 2026 Version: 1.1
These Platform Terms for Guides ("Guide Terms") apply to guides, driver-guides, hosts, operations users, dispatch users, and other authorized users who access or use the Tripshepherd platform in a guide-facing or operations-facing role.
The Tripshepherd platform may include the mobile application, web application, Host Mode, guide dashboard, scheduling tools, assignment tools, dispatch tools, guest communication tools, check-in tools, live location features, ETA features, waiver tools, incident tools, operational notes, document upload tools, and related services.
Tripshepherd is a multi-tenant platform used by tour operators, travel businesses, experience providers, and other organizations to manage tour operations. These organizations are referred to in these Guide Terms as "Organizations."
Your access to the platform is connected to the Organization that invited, onboarded, assigned, scheduled, or manages you. Unless Tripshepherd has signed a separate written agreement with you, your work relationship is with that Organization, not Tripshepherd.
These Guide Terms govern your use of the platform as a guide or host user. They do not replace any employment agreement, independent contractor agreement, service agreement, statement of work, policy manual, SOP, privacy policy, waiver process, or written agreement that applies between you and an Organization.
If there is a conflict, these Guide Terms govern your use of the platform, and your separate written agreement with the Organization governs matters such as work relationship, pay, employment status, contractor status, taxes, benefits, scheduling, discipline, training, supervision, insurance, licences, and termination.
By creating an account, accepting these Guide Terms, accessing Host Mode, viewing assignments, accepting assignments, viewing guest information, communicating through the platform, sharing live location, submitting operational records, or otherwise using the platform as a guide, you agree to these Guide Terms.
If you do not agree, you must not use the platform.
1. Tripshepherd's role
Tripshepherd provides technology tools that Organizations use to coordinate tours, guides, guests, assignments, schedules, communications, waivers, live location, ETAs, incident records, and related operational workflows.
Unless Tripshepherd has signed a separate written agreement with you, Tripshepherd does not employ, engage, supervise, direct, discipline, pay, terminate, classify, train, insure, license, or manage you as a guide.
The Organization that invited, onboarded, scheduled, assigned, or manages you is responsible for your work relationship, including pay, scheduling, role expectations, employment or contractor classification, taxes, benefits, workplace requirements, supervision, training, licences, insurance, discipline, termination, and compliance with laws that apply to its operations.
The platform is an administrative, communication, coordination, and operational tool. Use of the platform does not, by itself, determine whether you are an employee, independent contractor, worker, platform worker, agent, or any other legal category.
Nothing in these Guide Terms limits any non-waivable rights you may have under applicable employment, labour, wage, workplace safety, human rights, workers' compensation, privacy, contractor, platform worker, transportation, accessibility, consumer protection, or other laws.
2. Eligibility and account access
You must be at least 18 years old to use the platform as a guide or host user.
You may only use the platform if you have been invited, approved, or authorized by an Organization or by Tripshepherd.
You agree to provide accurate, current, and complete account information and to keep your information updated.
Where required by an Organization or applicable law, you may need to provide and maintain valid documents, including identity information, contact information, profile details, driver's licence, driver's abstract, vehicle information, insurance information, background check information, certifications, permits, training acknowledgements, banking or payment information, tax information, or other guide-related documentation.
You must not provide false, misleading, incomplete, expired, forged, altered, or inaccurate information.
You must promptly update your profile or notify the Organization if your information changes, including licence status, driving eligibility, insurance status, vehicle status, contact information, availability, certifications, or ability to safely perform an assignment.
Host or guide accounts may be created by invitation only. You may not self-register as a guide unless the platform and the relevant Organization authorize that process.
3. Account security
You are responsible for protecting your login credentials and any device used to access the platform.
You must not:
a. share your password, login code, account, device access, or credentials; b. allow another person to use your account; c. use another person's account; d. impersonate another guide, guest, Organization, staff member, or Tripshepherd representative; e. access assignments, guest information, routes, schedules, records, messages, or workspaces you are not authorized to access; f. bypass security controls, role permissions, or workspace restrictions; g. continue using platform access after your authorization ends; or h. use the platform in a false, misleading, fraudulent, unsafe, or unlawful way.
You must promptly report suspected unauthorized access, lost devices, compromised credentials, suspicious activity, or misuse of your account.
Tripshepherd or the relevant Organization may suspend, restrict, reset, or remove your access if there is a suspected security issue, unauthorized access, misuse, or account compromise.
4. Organization workspaces and tenant separation
The platform is used by multiple Organizations. Your access may be connected to one Organization or more than one Organization.
You may only access, use, view, share, edit, export, or act on information for the Organization, workspace, assignment, tour, booking, route, guest, or workflow you are authorized to support.
You must keep each Organization's information separate.
You must not:
a. access another Organization's workspace without authorization; b. use one Organization's information for another Organization; c. disclose one Organization's guest information, route information, pricing, SOPs, training materials, partner information, vendor information, schedules, operational notes, or business information to another Organization; d. copy, export, compare, combine, or transfer data between Organizations unless expressly authorized; e. use platform access from one Organization to solicit guests, guides, staff, vendors, partners, attractions, hotels, or suppliers for another Organization; f. use one Organization's confidential information to compete with it or benefit another business; or g. attempt to bypass workspace boundaries, tenant separation controls, access controls, or role permissions.
This is a core condition of using a multi-tenant platform. One Organization's data must not be used for another Organization's business.
5. Host Mode and guide tools
In Host Mode or guide-facing workflows, you may be able to access features such as:
a. assigned tours; b. schedules; c. route information; d. guest manifests; e. guest names and contact details; f. pickup locations and meeting points; g. waiver status; h. check-ins; i. no-shows; j. guest communications; k. operations communications; l. live location sharing; m. ETA tools; n. availability tools; o. time-off requests; p. assignment acceptance tools; q. incident notes; r. operational notes; s. close-out records; t. document upload tools; and u. other tools enabled by the Organization or Tripshepherd.
You may use these tools only for legitimate assignment, tour, dispatch, guest support, safety, scheduling, and operational purposes.
Host Mode tools are not a guarantee of work, pay, assignment volume, hours, earnings, route priority, seniority, continued access, employment status, contractor status, benefits, or legal classification.
6. Assignments and availability
The platform may allow you to view, accept, decline, confirm, update, complete, or close out assignments.
Use of the platform does not guarantee any minimum number of assignments, hours, wages, fees, earnings, bookings, guests, routes, shifts, schedules, or continued access.
Assignments may depend on demand, seasonality, guest volume, weather, traffic, permits, route needs, partner rules, attraction availability, business needs, safety considerations, guest requirements, qualifications, availability, vehicle status, licence status, performance requirements, and Organization policies.
You must only accept assignments you are qualified, authorized, trained, licensed, insured, fit, and able to perform safely and lawfully.
Before accepting or starting an assignment, you are responsible for reviewing the available assignment details, including date, time, route, pickup location, meeting point, guest count, guest notes, waiver status, accessibility needs, attraction rules, vehicle requirements, safety requirements, and Organization instructions.
If you are unable to perform an assignment safely, legally, professionally, or on time, you must notify the Organization through the required process as soon as reasonably possible.
If you do not provide availability, decline assignments, fail to respond to assignment communications, fail to maintain required documents, disable required app permissions, or fail to meet assignment requirements, the Organization may consider those factors when offering future assignments, subject to applicable law and any separate agreement.
7. Guide conduct
You must act professionally, respectfully, safely, honestly, and lawfully when using the platform or performing assignments.
You agree to:
a. treat guests, guides, drivers, dispatchers, operations staff, Organization staff, partners, vendors, attractions, hotels, transportation providers, and the public with respect; b. follow applicable laws, safety rules, partner rules, attraction rules, site rules, and Organization procedures; c. arrive prepared and on time for accepted assignments; d. communicate clearly, professionally, and truthfully; e. protect guest information and Organization information; f. follow waiver, consent, check-in, pickup, no-show, incident, and close-out procedures; g. report safety, privacy, conduct, vehicle, guest, and operational issues promptly; h. avoid harassment, discrimination, intimidation, threats, abuse, retaliation, or unsafe conduct; i. avoid false, misleading, deceptive, or manipulative conduct; and j. avoid conduct that harms guests, the Organization, Tripshepherd, partners, or platform integrity.
8. Safety and incident reporting
Safety and guest protection are core guide responsibilities.
You must comply with applicable safety requirements, waiver procedures, consent procedures, accessibility procedures, partner rules, site rules, attraction rules, incident reporting requirements, and Organization procedures.
You must not perform or continue an assignment while impaired by alcohol, cannabis, illegal substances, medication, fatigue, illness, distraction, emotional distress, or any other condition that may affect safe performance.
You must promptly report:
a. guest injury; b. guest illness; c. accident; d. vehicle incident; e. traffic stop; f. citation; g. property damage; h. missing or incomplete waiver; i. guest complaint; j. harassment or discrimination complaint; k. privacy concern; l. accessibility issue; m. no-show dispute; n. unsafe weather, traffic, road, route, attraction, or venue condition; o. partner or site issue; p. suspected misconduct; q. police, regulator, inspector, or public authority interaction; r. security issue; s. lost guest property; or t. any other issue that may affect guest safety, tour delivery, legal compliance, or operations.
Where lawful, safe, and applicable, you may be required to capture and upload incident documentation, including photos, notes, witness details, guest statements, vehicle details, citation information, inspection details, route details, timestamps, or other relevant records through the platform or the Organization's designated reporting channels.
The platform is not an emergency response, medical, roadside assistance, rescue, law enforcement, or public safety service. In an emergency, contact local emergency services directly.
9. SOPs, training, scripts, and operational procedures
An Organization may provide SOPs, training materials, route logic, scripts, checklists, guest-handling standards, safety protocols, waiver procedures, accessibility procedures, partner requirements, incident templates, brand guidelines, and operational playbooks through the platform or separately.
You must follow the procedures that apply to your assignment, role, route, guest group, vehicle, location, partner, attraction, safety obligation, or legal requirement.
You must not ignore or bypass required safety procedures, waiver procedures, guest protection procedures, check-in procedures, incident reporting procedures, close-out procedures, or partner/site rules.
For contractor guides, Organization procedures should be interpreted together with the applicable contractor agreement and applicable law. Safety requirements, guest protection requirements, partner rules, waiver procedures, and assignment-specific requirements do not necessarily control the manner and means of all services unless required by law, safety, partner access, or the relevant agreement.
For employee guides, Organization policies, SOPs, training materials, and operational standards may form part of employment expectations, subject to applicable law and the employment agreement.
If you do not understand an SOP, safety rule, route instruction, waiver process, incident process, or assignment requirement, you must ask the Organization for clarification before performing the relevant task where reasonably possible.
10. Guest information and privacy
Guest information is confidential.
Guest information may include names, phone numbers, email addresses, booking IDs, booking details, pickup locations, hotel details, meeting points, itinerary information, waiver status, accessibility information, health or safety notes, support notes, messages, photos, videos, reviews, complaints, incident details, location information, and any other information about a guest or participant.
You may access and use guest information only where necessary for an authorized assignment, booking, pickup, check-in, waiver process, support request, safety issue, dispatch workflow, incident report, or other legitimate operational purpose.
You must not:
a. access guest information without authorization; b. use guest information for personal reasons; c. use guest information for your own business or another business; d. contact guests outside the legitimate assignment, booking, pickup, dispatch, safety, support, or operational context; e. solicit guests for private tours or off-platform services; f. disclose guest information to unauthorized persons; g. post guest names, photos, videos, pickup locations, booking details, messages, or identifying information publicly; h. store guest information in personal cloud storage; i. forward guest information to personal email or personal messaging accounts; j. screenshot, export, copy, or download guest information except as authorized for a legitimate operational purpose; k. retain guest information after it is no longer needed; or l. use guest information in a way that violates privacy law, Organization policy, or these Guide Terms.
You must promptly report any privacy incident, unauthorized disclosure, wrong recipient, lost device, suspicious access, data breach, or misuse of guest information.
11. Confidential information
You may receive access to confidential information belonging to Tripshepherd, an Organization, guests, partners, vendors, attractions, transportation providers, or other third parties.
Confidential information may include guest information, booking data, route logic, pricing, margins, supplier terms, partner terms, vendor terms, scripts, SOPs, training materials, incident records, waiver records, operational notes, business methods, marketing plans, sales strategies, financial information, technical information, platform information, and trade secrets.
You must not use or disclose confidential information except as necessary to perform authorized assignments or use the platform for authorized operational purposes.
You must not copy, export, reproduce, adapt, disclose, commercialize, reverse engineer, or use confidential information for yourself, another Organization, another business, or any unauthorized purpose.
You may use your general skills and experience, but you may not use confidential route logic, guest lists, pricing methods, scripts, SOPs, partner requirements, dispatch practices, booking processes, waiver workflows, incident processes, operational playbooks, or non-public business methods outside the authorized Organization workflow.
Confidentiality obligations continue after your platform access ends.
12. Use of approved systems only
You must use only approved platform tools and Organization-approved systems for booking details, guest information, waivers, consents, schedules, guest communications, incident logs, operational notes, route details, and close-out records.
You must not:
a. store guest information or Organization data in personal cloud storage; b. forward guest information or Organization data to personal email accounts; c. send guest information through unauthorized messaging apps; d. keep personal copies of manifests, route sheets, guest lists, waiver records, incident logs, screenshots, or booking exports unless authorized; e. use unauthorized tools to manage assignments; f. upload platform data to unauthorized external platforms; or g. remove data from the platform except for authorized operational purposes.
You must promptly report suspected loss, breach, unauthorized access, or misuse of platform data, guest information, Organization data, or confidential information.
13. Artificial intelligence and external tools
You must not input, upload, paste, submit, disclose, or process guest information, Organization data, confidential information, booking details, internal messages, scripts, SOPs, training materials, route logic, pricing, waiver records, incident records, screenshots, or operational notes into any generative AI tool, chatbot, transcription tool, translation tool, file-sharing tool, personal productivity tool, or external platform unless:
a. Tripshepherd or the relevant Organization has approved the tool in writing; b. the use is necessary for an authorized operational purpose; c. the use complies with applicable law; d. the use complies with the applicable privacy policy and Organization policy; and e. the information is handled securely.
This restriction applies even if the tool is free, popular, convenient, or installed on your personal device.
14. Communications
The platform may send and receive communications, including in-app messages, push notifications, email, SMS, assignment alerts, schedule updates, pickup messages, ETA messages, waiver reminders, check-in messages, safety notices, guest messages, support messages, and operational messages.
By using the platform and providing your contact information, you consent to receive transactional and service-related communications related to your account, assignments, schedule, tour, pickup, ETA, waiver, safety, support, or platform use.
Transactional and service-related messages are not marketing messages.
You must use platform communications only for legitimate booking, tour, pickup, service, support, dispatch, safety, scheduling, and operational purposes.
You must not use platform communications to:
a. harass, threaten, intimidate, abuse, discriminate against, or stalk anyone; b. send spam, phishing, scams, or unauthorized marketing; c. collect personal data improperly; d. move guests off-platform deceptively; e. solicit guests for unauthorized private services; f. contact guests outside the legitimate tour, booking, dispatch, pickup, support, or safety context; g. send offensive, sexual, hateful, discriminatory, or inappropriate content; h. impersonate another person or Organization; i. manipulate records; or j. interfere with platform or Organization operations.
15. Live location, ETA, maps, and device permissions
The platform may use device permissions, including location, notifications, camera, photo library, and similar permissions.
During an active assignment, live location sharing may be required for ETA, dispatch, guest pickup, operational coordination, safety coordination, incident response, route visibility, and Organization operations.
If you do not grant or maintain required location permission during an active assignment, Host Mode or assignment-related features may not function properly, and the Organization may be unable to verify pickup status, ETA, route progress, location, check-in status, or safety information.
You must not tamper with, falsify, spoof, disable, manipulate, obscure, or misrepresent live location, ETA, check-in, route, or assignment status.
Location, ETA, route, map, traffic, pickup, meeting point, and status information may be delayed, incomplete, inaccurate, or unavailable due to GPS limits, device settings, network conditions, mapping-provider errors, traffic, weather, road closures, venue restrictions, third-party outages, battery settings, device permissions, or user conduct.
Tripshepherd does not sell precise location data. Location data is handled as described in the applicable privacy policy.
16. Photos, videos, recordings, and social media
You must not record, photograph, film, livestream, publish, or share guests, minors, private conversations, internal briefings, staff communications, platform screens, booking information, pickup locations, guest details, route materials, or operational workflows unless authorized by the relevant Organization, permitted by law, and supported by any required consent.
You must not post or share guest images, videos, names, booking details, pickup details, hotel details, messages, reviews, complaints, or identifying information on personal social media, public websites, group chats, or other public or private channels without documented consent and Organization approval.
You must not use Tripshepherd branding, Organization branding, guest content, assignment-related media, or platform screenshots to imply endorsement, employment, certification, partnership, or affiliation beyond what is accurate and authorized.
After your access ends, you must not represent yourself as currently affiliated with Tripshepherd or an Organization unless that remains accurate and authorized.
17. Off-platform arrangements and guest solicitation
You must not use the platform, guest information, Organization data, assignment access, route information, or operational information to create unauthorized off-platform arrangements.
You must not:
a. solicit guests for private tours outside the Organization's approved booking process; b. accept unauthorized cash, side payments, tips outside approved policy, commissions, discounts, credits, refunds, substitutions, upgrades, or compensation; c. redirect guests to your own business or another business; d. bypass the Organization's booking, payment, waiver, communication, or support process; e. use guest contact information for personal or competing services; f. interfere with the relationship between a guest and the Organization; g. use another Organization's workspace or data to win business away from that Organization; or h. manipulate reviews, complaints, communications, or guest records for personal benefit.
General advertising that is not targeted using guest information, Organization data, confidential information, or platform access may be permitted, subject to your separate agreement and applicable law.
18. Vehicle use and driving obligations
This section applies where you operate a vehicle in connection with an assignment.
You must comply with all applicable traffic laws, licensing requirements, insurance requirements, vehicle safety requirements, Organization procedures, partner/site rules, and platform workflows.
You must not operate a vehicle while impaired, distracted, fatigued, unlicensed, uninsured, legally restricted, medically unfit, or otherwise unsafe.
You must immediately report any:
a. accident; b. damage; c. traffic stop; d. citation; e. charge; f. licence suspension; g. licence restriction; h. insurance lapse; i. vehicle damage; j. mechanical issue; k. safety defect; l. guest injury; m. guest complaint involving driving; n. inspection issue; or o. event that may affect driving eligibility, insurance, safety, or compliance.
If you use an Organization-provided vehicle, the vehicle may be used only for authorized assignments and authorized business purposes unless the Organization expressly permits otherwise. Personal use, unauthorized passengers, unauthorized drivers, and unauthorized routes are prohibited unless expressly approved.
If you use your own vehicle, you are responsible for ensuring that the vehicle is legally compliant, properly registered, insured, roadworthy, clean, safe, and suitable for the assignment, unless your separate agreement says otherwise.
You are responsible for tickets, violations, toll violations, parking violations, fines, penalties, or losses arising from your unlawful conduct, wilful misconduct, fraud, dishonesty, or gross negligence, to the extent permitted by applicable law and any separate agreement. Any deduction, offset, reimbursement, or recovery must comply with applicable law and the relevant written agreement.
19. GPS, telematics, dash cameras, and monitoring
Organization vehicles or platform-supported workflows may use GPS, telematics, dash cameras, device location, timestamps, route tracking, assignment status, communications metadata, or other monitoring technology for legitimate operational purposes.
These purposes may include safety, dispatch, route management, ETA, guest pickup, performance, asset protection, compliance, insurance, incident investigation, support, and security.
You must not tamper with, disable, cover, interfere with, obstruct, manipulate, falsify, or bypass GPS, telematics, dash cameras, route tracking, device permissions, or other monitoring technology.
Where required by law, additional notice or policy terms may be provided by Tripshepherd or the relevant Organization.
20. User content and operational records
You may be able to submit messages, notes, photos, videos, incident records, check-in records, no-show records, route notes, guest comments, close-out records, support requests, document uploads, or other content through the platform.
You are responsible for ensuring that anything you submit is accurate, lawful, appropriate, and not misleading.
You must not submit content that is false, misleading, defamatory, unlawful, obscene, hateful, discriminatory, harassing, threatening, sexually explicit, fraudulent, manipulated, malicious, or otherwise improper.
You must not create false records, fake check-ins, fake no-shows, false incident reports, inaccurate times, manipulated route records, fabricated guest communications, or misleading assignment close-out information.
By submitting content through the platform, you grant Tripshepherd and the relevant Organization the rights necessary to host, store, reproduce, display, adapt, format, translate, moderate, review, retain, disclose, and use that content to operate, protect, improve, support, investigate, document, and manage the platform and Organization operations, subject to applicable law and privacy obligations.
21. Intellectual property and guide-created materials
The platform, including its software, technology, designs, interfaces, workflows, content, trademarks, logos, branding, documentation, and systems, is owned by Tripshepherd or its licensors.
You receive only a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the platform for authorized guide-related and operational purposes.
You must not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, create derivative works from, exploit, or misuse the platform except as permitted by Tripshepherd or applicable law.
Organization materials, including scripts, SOPs, route notes, tour commentary, training materials, guest-handling standards, operational playbooks, pricing methods, partner terms, vendor terms, business methods, brand materials, and guide materials, may be owned by the relevant Organization.
Any guide-created materials prepared specifically for an Organization or created in connection with your assignment may be owned by or licensed to that Organization according to your separate agreement and applicable law.
These Guide Terms do not transfer ownership of your pre-existing materials, general skills, general experience, or general know-how unless a separate written agreement says otherwise. However, you must not use pre-existing materials in a way that violates Tripshepherd's rights, an Organization's rights, guest privacy, confidentiality obligations, or applicable law.
22. Platform acceptable use
You must not use the platform to:
a. commit unlawful, fraudulent, abusive, unsafe, discriminatory, or harmful acts; b. access systems, accounts, workspaces, assignments, bookings, or records without authorization; c. misuse guest, guide, Organization, route, booking, ETA, location, or operational information; d. harass, threaten, exploit, stalk, dox, discriminate against, or harm any person; e. upload malware, spyware, malicious code, or harmful content; f. scrape, crawl, mine, harvest, export, or copy platform data without written consent; g. reverse engineer, decompile, disassemble, modify, or create derivative works from the platform; h. overload, disrupt, damage, or interfere with the platform; i. bypass security, authentication, permissions, rate limits, or tenant boundaries; j. impersonate another person or Organization; k. manipulate schedules, assignments, availability, records, communications, reviews, check-ins, no-shows, incidents, or status; l. send spam, phishing, scams, or unlawful marketing; m. circumvent policies, legal protections, or Organization workflows; n. use the platform for personal disputes or unrelated business activity; or o. violate these Guide Terms, applicable policies, or applicable law.
23. Record preservation and deletion
Tripshepherd and Organizations may retain platform records as described in applicable privacy policies, customer agreements, legal obligations, operational requirements, safety requirements, insurance requirements, dispute processes, and compliance needs.
If you become aware of a complaint, incident, claim, investigation, audit, legal request, insurance matter, workplace matter, privacy issue, safety issue, or dispute, you must not delete, alter, hide, destroy, falsify, or manipulate relevant records.
Upon request, assignment end, access restriction, resignation, termination, or end of relationship, you must return or delete Organization data, guest information, confidential information, platform exports, screenshots, documents, printed materials, credentials, and any copies in your possession or control, unless retention is legally required or expressly authorized.
You must not retain guest lists, booking exports, waiver records, incident logs, route sheets, internal notes, pricing records, partner records, or platform credentials after your authorization ends.
24. Return of Organization property
If an Organization provides uniforms, badges, devices, keys, access cards, vehicle equipment, documents, supplies, credentials, printed materials, or other property, that property remains the property of the Organization unless a separate written agreement says otherwise.
You must use Organization property with reasonable care and only for authorized purposes.
You must promptly report loss, damage, theft, misuse, or unauthorized access involving Organization property.
Upon request, assignment end, access restriction, resignation, termination, or end of relationship, you must return Organization property according to the Organization's instructions.
25. Suspension, restriction, or removal of access
Tripshepherd or the relevant Organization may suspend, restrict, deactivate, remove, or terminate your platform access, remove content, disable features, require credential resets, restrict workspace access, restrict assignments, or take other reasonable action if:
a. you breach these Guide Terms; b. you breach Organization policy; c. your relationship with an Organization changes or ends; d. the Organization requests restriction or removal; e. you no longer require access; f. required onboarding, licence, insurance, training, or document requirements are incomplete, expired, or invalid; g. there is suspected fraud, abuse, misuse, unsafe conduct, privacy risk, legal risk, security risk, or unauthorized access; h. continued access may harm Tripshepherd, an Organization, a guest, another guide, a partner, a vendor, or a third party; i. a third-party provider, court, regulator, app store, insurer, partner, or competent authority requires action; or j. Tripshepherd or the Organization is required or permitted to do so by law.
Suspension or termination of platform access does not, by itself, determine whether your employment, contractor relationship, or service relationship with an Organization has ended.
Termination of your employment, contractor relationship, or service relationship with an Organization may result in loss of access to that Organization's workspace.
Your obligations relating to confidentiality, guest information, Organization data, tenant separation, platform security, intellectual property, record preservation, deletion, acceptable use, and misuse survive the end of platform access.
26. Privacy
Your use of the platform is subject to the applicable privacy policy.
Depending on your role and the features used, the platform may process information such as account information, profile information, contact information, device information, login records, role information, Organization affiliation, assignment information, location data during active assignments, communications, uploaded documents, support records, operational records, incident records, and technical logs.
Tripshepherd may process certain information as a service provider or processor for an Organization and may process certain information for its own platform purposes, as described in the applicable privacy policy and customer agreements.
Organizations may have their own privacy notices and policies. Questions about Organization-specific handling of your information should be directed to the relevant Organization unless the issue concerns Tripshepherd's own handling of personal information.
No app, network, system, or method of transmission is completely secure. You must protect your credentials, devices, guest information, Organization data, and confidential information.
27. Platform availability and third-party services
The platform may rely on third-party services, including mapping providers, messaging carriers, email providers, SMS providers, push notification services, cloud hosting providers, analytics tools, identity verification providers, app stores, booking platforms, and other service providers.
The platform and its features may be delayed, unavailable, incomplete, inaccurate, or interrupted because of GPS limits, device settings, network issues, mapping errors, weather, road closures, traffic, venue restrictions, attraction closures, third-party outages, communication delays, cyber incidents, app-store issues, or other events beyond reasonable control.
You must use reasonable judgment and follow Organization procedures, safety requirements, direct communications, and applicable law where platform information appears incomplete, delayed, inaccurate, or unavailable.
28. Tips and gratuities
An Organization may permit guests to provide tips or gratuities, including through the platform, through the Organization's payment processes, or in person, subject to the Organization's tip policy and applicable law.
If tips are collected or processed through the platform or the Organization's systems:
a. tips are handled according to the Organization's tip policy, the applicable payment provider's terms, and applicable law; b. timing, allocation, pooling, deductions, and payout of tips are determined by the Organization's policy and applicable law, not by Tripshepherd, unless Tripshepherd has separately agreed in writing; c. you must follow the Organization's process for recording, reporting, and receiving tips; and d. tax treatment of tips is a matter between you, the Organization, and the applicable tax authorities. Tripshepherd does not determine or advise on the tax treatment of tips.
You must not:
a. solicit tips in a pressuring, deceptive, or misleading way; b. misrepresent the Organization's or platform's tip policy to guests; c. accept tips outside the Organization's approved policy (see Section 17); or d. manipulate, falsify, or misreport tip records.
Tip disputes should be directed to the Organization.
29. Guest reviews and performance information
The platform may collect, store, display, and process guest ratings, reviews, feedback, compliments, complaints, and operational performance information about guides, which may include punctuality, check-in completion, no-show handling, communication records, assignment completion, availability responsiveness, and similar operational metrics.
This information may be visible to you, to the Organization that manages you, and — where reviews are public-facing — to guests and the public, subject to the applicable privacy policy.
Organizations may use reviews and performance information in scheduling, assignment, coaching, quality, safety, and engagement decisions, subject to applicable law and your separate agreement with the Organization.
You must not:
a. create, solicit, or submit fake, incentivized-beyond-policy, or misleading reviews; b. pressure, reward, or retaliate against guests in connection with reviews or feedback; c. manipulate performance records, check-ins, no-shows, or operational metrics to affect your performance information; or d. attempt to access or alter review or performance records you are not authorized to modify.
Tripshepherd and Organizations may moderate, remove, or retain reviews and feedback according to their policies. Neither guarantees removal of feedback you disagree with. Questions about a specific review or performance decision should be directed to the Organization.
30. Disclaimer of warranties
To the maximum extent permitted by applicable law, the platform is provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or uninterrupted or error-free operation.
Without limiting the foregoing, Tripshepherd does not warrant that assignments, schedules, ETAs, maps, location data, manifests, waiver statuses, notifications, or other platform information will be complete, accurate, timely, or available (see Sections 15 and 27), and does not warrant any volume of assignments, hours, or earnings (see Sections 5 and 6).
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in this section limits any non-waivable rights you have under applicable law.
31. Limitation of liability
To the maximum extent permitted by applicable law, Tripshepherd and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost earnings, lost assignments, lost data, or loss of goodwill, arising out of or relating to these Guide Terms or your use of or inability to use the platform, even if advised of the possibility of such damages.
To the maximum extent permitted by applicable law, Tripshepherd's total aggregate liability arising out of or relating to these Guide Terms or the platform will not exceed the greater of (a) one hundred US dollars (USD $100) or (b) the amounts you paid to Tripshepherd for use of the platform in the twelve (12) months before the event giving rise to the claim.
Nothing in these Guide Terms excludes or limits liability that cannot be excluded or limited under applicable law, including, where applicable, liability for fraud, wilful misconduct, gross negligence, or death or personal injury caused by negligence.
This section addresses Tripshepherd's liability for the platform only. It does not limit or define any obligation or liability of an Organization toward you, which is governed by your separate agreement with that Organization and applicable law.
32. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Tripshepherd and its officers, directors, employees, and agents from and against third-party claims, damages, liabilities, and reasonable costs (including reasonable legal fees) arising out of:
a. your material breach of these Guide Terms; b. your unlawful conduct, fraud, wilful misconduct, or gross negligence; c. your unauthorized use or disclosure of guest information, Organization data, or confidential information; or d. content you submit through the platform in violation of Section 20 or Section 22.
This obligation does not apply where and to the extent prohibited by applicable law, including applicable employment and labour laws, and does not transfer to you any obligation that an Organization or Tripshepherd owes under applicable law or under a separate written agreement.
33. Governing law and dispute resolution
These Guide Terms, and any dispute about the platform or these Guide Terms, are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, except where the law of your jurisdiction mandatorily applies.
Nothing in this section limits any non-waivable right you have under applicable law to bring a claim — including an employment standards, workers' compensation, human rights, or privacy complaint — before a local court, tribunal, regulator, or authority that has jurisdiction over that claim, or any mandatory forum applicable to that claim.
Before filing a claim against Tripshepherd relating to the platform or these Guide Terms, you agree to first send a written description of the dispute to info@tripshepherd.com and to attempt in good faith to resolve the dispute informally for at least thirty (30) days.
Subject to the above, any claim relating to the platform or these Guide Terms that is not resolved informally will be brought exclusively in the state or federal courts located in the State of Delaware, and you and Tripshepherd consent to the jurisdiction of those courts — except that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property, guest information, or confidential information.
Disputes about pay, hours, scheduling, classification, discipline, termination, or other work matters are between you and the Organization and are governed by your separate agreement with that Organization and applicable law, in the forum applicable to that relationship.
34. General provisions
Entire agreement. These Guide Terms, together with the applicable privacy policy and any policies referenced in them, are the entire agreement between you and Tripshepherd about your use of the platform in a guide-facing role. They do not replace or amend any separate written agreement between you and an Organization, or any separate written agreement between you and Tripshepherd.
Severability. If any provision of these Guide Terms is held unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.
No waiver. A failure by Tripshepherd or an Organization to enforce a provision of these Guide Terms is not a waiver of that provision or of any other provision.
Assignment. You may not assign or transfer these Guide Terms or your platform access. Tripshepherd may assign these Guide Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.
Third-party beneficiaries. The Organization whose workspace you access is an intended beneficiary of, and may enforce, the provisions of these Guide Terms that protect its guests, data, confidential information, property, and operations (including Sections 4, 10, 11, 12, 16, 17, 23, and 24). There are no other third-party beneficiaries.
Survival. Sections that by their nature should survive the end of your platform access — including those relating to confidentiality, guest information, Organization data, tenant separation, intellectual property, record preservation and deletion, return of property, disclaimers, limitation of liability, indemnification, and governing law and dispute resolution — survive termination of these Guide Terms and of your access.
Headings. Section headings are for convenience only and do not affect interpretation.
35. Changes to these Guide Terms
Tripshepherd may update these Guide Terms from time to time.
Tripshepherd may post the updated version in the platform, update the "Last Updated" date, provide notice by email, provide in-app notice, or require renewed acceptance before continued use of affected features.
If you do not agree to updated Guide Terms, you must stop using the platform.
36. Contact
Questions about these Guide Terms or Tripshepherd platform access may be sent to:
Tripshepherd Inc. Email: info@tripshepherd.com Phone: 1-888-961-6584 Registered Office: 254 Chapman Rd, Ste 208 #15946, Newark, Delaware 19702, United States Mailing Address: 310 Pine Ave, Niagara Falls, New York 14301, United States
Questions about work, pay, scheduling, assignments, employment status, contractor status, taxes, benefits, licences, insurance, training, workplace conditions, discipline, termination, safety operations, guest issues, or Organization-specific policies should be directed to the Organization that invited, onboarded, scheduled, assigned, or manages you, unless Tripshepherd has separately agreed in writing to handle that matter.
Acceptance
By selecting "I Agree," creating an account, accessing Host Mode, using the platform, accepting an assignment, viewing guest information, sharing live location, communicating through the platform, or continuing to use the platform after these Guide Terms are made available, you confirm that you have read, understood, and agree to these Guide Terms.