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Terms of Service

Version 2026-06-13

Photo Tour Leader · Operated from Canada

These Terms of Service (the “Terms”) form a binding agreement between you (“you”, the “Operator”) and Photo Tour Leader (“we”, “us”, the “Service”), operated from Canada. By creating an account, ticking the “I agree” checkbox at signup, or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. The Service

Photo Tour Leader provides software tools for photography workshop and photo tour operators to manage participant registrations, intake forms, waiver acceptances, documents, internal checklists, and email communications. The Service is a record-keeping and communication tool only. We do not provide legal, financial, tax, accounting, or professional advice, and the Service is not a substitute for any of those.

2. Eligibility and your account

You confirm that you are at least 18 years old and that you are using the Service in the course of a legitimate photography workshop or photo tour business. You must provide accurate information when creating your account and keep it up to date. You are responsible for all activity that occurs under your account. You must not share login credentials or allow others to access your account. Notify us immediately at the contact address below if you suspect unauthorised access.

3. Operator responsibilities

As an Operator you are solely responsible for:

  • The accuracy and legality of all content you store in the Service, including participant records, documents, and communications.
  • Obtaining all necessary consents from your participants before collecting their personal data and storing it in the Service.
  • Maintaining your own terms of service and privacy policy with your participants. Our Terms do not extend to your participants, and we are not party to the contract between you and your participants.
  • The waiver documents you upload and the legal effectiveness of waiver acceptances collected through the Service. The Service records a timestamped acknowledgement; it does not constitute a qualified or advanced electronic signature under any specific legislation, and we make no warranty as to its evidential weight in any jurisdiction.
  • All commercial relationships with your participants, including pricing, refunds, chargebacks, deposits, balance collection, currency conversion, and tax. We do not act as merchant, broker, agent, or escrow for any payment between you and your participants.
  • Compliance with all laws applicable to you, including privacy, consumer protection, financial, immigration, health, and safety regulations in every jurisdiction in which you operate.

4. Participant payments are between you and your participants

The Service records the payments you receive from your participants for your own accounting purposes. We do not facilitate, hold, transfer, or refund those payments. Participant payments are made by your participants to you directly through whatever channels you arrange (wire transfer, e-transfer, in-person, etc.). We accept no liability whatsoever for payments that fail to reach you, that are disputed by a participant, that are subject to chargeback, that are mis-recorded in the Service, or that you fail to refund or remit to a participant when due. Your obligations to your participants — including refund obligations — are governed entirely by your own contracts with them and by the laws of the jurisdictions in which you operate.

5. Subscription and payment

After a 14-day free trial, continued use of the Service requires a paid subscription. Pricing is listed on the website in your local currency (CAD, GBP, or USD). Subscriptions renew automatically at the end of each billing period (monthly or annual) until cancelled. Subscription fees are processed by Stripe, Inc.; you authorise us and Stripe to charge the payment method on file. You may cancel at any time through the account settings; cancellation takes effect at the end of the current billing period and prepaid fees for that period are non-refundable. We may suspend or terminate paid features for non-payment without notice.

6. Acceptable use and termination

You may not use the Service to store or transmit unlawful content, to infringe intellectual property rights, to harass or harm others, to send unsolicited marketing outside the Service’s intended use, or to interfere with the Service’s operation, security, or integrity. We may suspend or terminate accounts at any time, with or without notice, for:

  • Abuse, misuse, or any violation of these Terms;
  • Illegal activity or activity we believe in good faith to be illegal;
  • Non-payment of subscription fees;
  • Risk to the security or integrity of the Service or other users.

7. Intellectual property

The Service and its underlying software, design, branding, and content are owned by us and protected by applicable intellectual property laws. You retain ownership of all content you upload to the Service (“Your Content”). By uploading Your Content you grant us a limited, worldwide, royalty-free licence to host, store, process, transmit, and display Your Content solely for the purpose of providing and improving the Service to you. We do not claim any other rights in Your Content.

8. Warranty disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED OPERATION, OR ERROR-FREE OPERATION. We do not warrant that the Service will meet your requirements, that any data will be preserved without loss or corruption, or that any defect will be corrected. You use the Service at your own risk.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total aggregate liability to you arising out of or relating to these Terms, the Service, or your use of the Service — whether in contract, tort (including negligence), or any other legal theory — is limited to the amount you actually paid to us for the Service in the one (1) month period immediately preceding the event giving rise to the claim, or, if no fees were paid in that period, to one month’s subscription fee at your then-current plan.
  • We are not liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including without limitation loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, loss of participant payments, costs of substitute services, or business interruption — even if we have been advised of the possibility of such damages.
  • We are specifically not liable for any financial loss you or any third party suffers as a result of: (a) payments between you and your participants; (b) any refund, chargeback, or dispute between you and a participant; (c) any participant decision made on the basis of information stored in the Service; (d) any defect, delay, or interruption in the Service; or (e) any cause outside our reasonable control.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages; in those jurisdictions our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits liability that cannot be limited under applicable law (for example, liability for fraud or death or personal injury caused by negligence).

10. Indemnification

You agree to defend, indemnify, and hold us, our affiliates, and our directors, officers, employees, and agents harmless from any claim, demand, loss, liability, or expense (including reasonable legal fees) arising out of: (a) your use of the Service; (b) your breach of these Terms; (c) Your Content; (d) any claim brought against us by a participant of yours; or (e) your violation of any law or third-party right.

11. Data, backups, and account deletion

We take reasonable steps to back up data, but we do not warrant that data will not be lost or corrupted. You are responsible for maintaining your own off-platform copies of any Content you cannot afford to lose. On termination of your account, Your Content may be deleted from active systems after a reasonable wind-down period; some data may persist in backups for a limited time before being purged.

12. Force majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, civil unrest, power or network failures, third-party service outages, or government action.

13. Governing law and disputes

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the courts of the Province of Alberta, and you consent to the personal jurisdiction of those courts.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email to the address on file with at least 14 days’ notice and, where required, through a re-acceptance prompt in the Service. Continued use of the Service after the effective date of any updated Terms constitutes acceptance of those Terms.

15. Severability and entire agreement

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.

16. Contact

Questions about these Terms can be directed to support@phototourleader.com.