Terms of Service

Agreement to terms

These Terms of Service ("Terms") govern access to and use of the Tour Planner Pro software and related services (the "Service") offered by Observation Assistant LLC, doing business as Tour Planner Pro ("Company," "we," or "us"). By creating an account, clicking to accept, or using the Service, you agree to these Terms on behalf of yourself and, where applicable, the organization you represent.

If you do not agree, do not use the Service. Company may update these Terms from time to time; the updated version will be posted with a revised date. Continued use after changes constitutes acceptance of the updated Terms, except where applicable law requires a different process.

Eligibility and accounts

You must have authority to bind your organization if you register on its behalf. You are responsible for maintaining the confidentiality of credentials and for activity under your account. You agree to provide accurate information and to keep organization and trip data reasonably accurate for operational and safety purposes.

Description of the Service

Tour Planner Pro provides tools for planning and operating school and group travel, which may include roster and traveler information, itineraries, documents, communications, and financial workflows. Features vary by subscription and configuration. Company may modify, suspend, or discontinue parts of the Service with reasonable notice where practicable.

Acceptable use

You agree not to misuse the Service, including by attempting to access data you are not authorized to view, interfering with security or performance, uploading malware, or using the Service in violation of law. You are responsible for your organization’s compliance with applicable laws (including laws governing student and minor data) when using the Service.

• No reverse engineering of the Service except to the extent permitted by law.
• No use of the Service to send unlawful, harassing, or deceptive communications.
• No circumvention of billing, access controls, or usage limits.

Workspace subscription and fees

Fees for your Tour Planner Pro workspace subscription (if any) are as shown at checkout or in your order. Subscription billing is separate from traveler card payments processed for trip balances. Taxes may apply as stated at purchase. Failure to pay may result in suspension or termination of access as permitted by law and your order terms.

Traveler card payments

When enabled for your organization, card payments for travelers may be processed through Stripe. Those payments are also subject to the separate Payment and disbursement terms (see /payment-terms). In the event of a conflict regarding card funds, fees, disputes, or disbursements, the Payment terms control for that subject matter.

Intellectual property

Company retains all rights in the Service, branding, and documentation. Subject to these Terms, Company grants you a limited, non-exclusive, non-transferable right to use the Service for your internal operations during your subscription. You retain rights in data you submit; you grant Company a license to host, process, and display that data as needed to provide and improve the Service and as described in the Privacy Policy.

Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" TO THE MAXIMUM EXTENT PERMITTED BY LAW. COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS. COMPANY’S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID COMPANY FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100), EXCEPT WHERE PROHIBITED BY LAW.

Indemnity

You will defend and indemnify Company and its affiliates, officers, and employees against third-party claims and liabilities arising from your use of the Service, your data, or your violation of these Terms, except to the extent caused by Company’s gross negligence or willful misconduct.

Termination

You may stop using the Service at any time. Company may suspend or terminate access for breach of these Terms, risk to the Service or other users, or non-payment, as applicable. Provisions that by their nature should survive (including disclaimers, limitations, indemnity, and governing law) survive termination.

Governing law and disputes

These Terms are governed by the laws of the United States and the State in which Company is organized, without regard to conflict-of-law principles, except where preempted by federal law. Venue and dispute resolution: **[Counsel to specify courts or arbitration.]**

Contact

For questions about these Terms, contact us through the Help center on the Tour Planner Pro website or from within the product.