Terms of Service

1. Acceptance of terms

By accessing or using the TourTide platform at tourtide.com.au (the "Platform"), you agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated into these terms by reference.

If you do not agree to these terms, you must not use the Platform.

These terms constitute a legally binding agreement between you (and, where applicable, the business you represent — the "Operator") and Noxidsoft (ABN 74 421 798 989) under the laws of Tasmania, Australia.

2. About TourTide

TourTide is a self-serve software-as-a-service (SaaS) platform that helps boutique Tasmanian tour operators automate the guest journey from confirmed booking through to repeat business. The Platform provides five modules:

• Booking & Guest Manager — the central record for bookings, guests, dietary requirements, and experience products
• Pre-Arrival Automation — a three-email sequence (T-14, T-7, T-48hr) including a guest-facing dietary confirmation form and guide run sheets
• Live Itinerary — a mobile-friendly public link per booking that updates instantly when you edit it
• Balance Collection — Stripe-powered deposit and balance payment links with automatic reminders
• Post-Trip Re-engagement — automated review, referral, and annual rebooking email sequences

3. Eligibility and account registration

3.1 Eligibility

To use the Platform, you must:

• Be 18 years of age or older
• Be operating a tour, experience, or hospitality business in Australia
• Have the authority to bind your business to these terms
• Not be prohibited from using the Platform under Australian law

The Platform is intended for boutique tour operators and similar guest-facing businesses. We reserve the right to decline or suspend accounts at our discretion.

3.2 Account security

You are responsible for maintaining the confidentiality of your account credentials. You must:

• Use a strong, unique password for your TourTide account
• Not share your login credentials with anyone outside your business
• Notify us immediately at [email protected] if you suspect unauthorised access to your account

You are responsible for all activity that occurs under your account, whether authorised or not. TourTide will not be liable for any loss arising from unauthorised account access where you failed to protect your credentials.

3.3 Multi-user accounts

The Platform supports multiple user roles within an Operator account (owner, admin, and guide). The account owner is responsible for ensuring all users within the account comply with these terms.

4. Free trial, subscription and billing

4.1 Free trial

New accounts receive a 14-day free trial. No payment method is required to start a trial, and no charge is made until you actively choose a paid plan. At the end of the trial, modules that require an active subscription will be locked until you subscribe.

4.2 Subscription tiers

TourTide is offered on two subscription tiers billed in Australian Dollars (AUD), inclusive of GST:

• Essentials: $297 per month
• Growth: $497 per month

Full feature details and limits are set out on the pricing page at tourtide.com.au/#pricing. We reserve the right to update tier features, limits, and pricing with 30 days' notice to active subscribers.

4.3 Billing and payment

Subscriptions are billed monthly in advance. Payment is processed by Stripe Inc. (a PCI DSS Level 1 certified payment processor). By subscribing, you authorise us to charge the payment method on file on each renewal date.

Subscription fees are non-refundable once a paid plan has started — see section 4.5. If a payment fails, we will attempt to notify you and may suspend access to paid modules after a grace period of 7 days. All prices include GST. Noxidsoft is registered for GST in Australia, and a tax invoice is provided with each payment.

4.4 Cancellation

You may cancel your subscription at any time, including via the in-app Support & Feedback hub. Cancellation takes effect at the end of the current billing period; you will retain access until that date.

Upon cancellation, we will retain your booking and guest data for 30 days to allow you to export it. After 30 days, your data will be deleted in accordance with our Privacy Policy (section 8). You are responsible for exporting all records you need before the 30-day window closes.

4.5 No refunds

Because every account receives a 14-day free trial before any payment is taken, subscription fees are non-refundable once charged. This applies to the first payment and all renewals alike. If you believe you were charged in error, contact [email protected] and we will investigate.

4.6 Tier changes

You may upgrade your subscription tier at any time; the new tier takes effect immediately and a pro-rated charge applies for the remainder of the current billing period. Downgrades take effect at the start of the next billing period.

5. Permitted use and restrictions

5.1 Permitted use

You may use the Platform solely for your business's internal guest journey management — managing bookings, sending automated guest communications, collecting payments, and maintaining itineraries and run sheets for your own experiences.

5.2 Prohibited conduct

You must not:

• Use the Platform for any unlawful purpose, including fraud, or any activity that violates Australian law
• Attempt to circumvent, disable, or reverse-engineer any security feature of the Platform
• Introduce malware, viruses, or other malicious code into the Platform
• Scrape, crawl, or systematically extract data from the Platform by automated means without our written consent
• Resell, sublicense, or provide access to the Platform to third parties outside your business
• Use the Platform's automated email sequences to send unsolicited commercial electronic messages in breach of the Spam Act 2003 (Cth)
• Submit false, fabricated, or misleading information through the Platform, including guest dietary or medical information you have not actually obtained from the guest
• Store personal information of guests who have not been given an appropriate privacy notice in accordance with the Privacy Act 1988 (Cth)

Breach of any prohibition in this section may result in immediate account suspension or termination without refund.

6. Your data and our role as processor

6.1 Your ownership

All booking records, experience content, guest data, and other data you submit to the Platform ("Operator Data") remain your property. TourTide does not claim ownership of Operator Data.

6.2 TourTide as data processor

In relation to personal information you collect from your own guests via the Platform's booking, dietary confirmation, and itinerary tools, TourTide acts as a data processor on your behalf. You (the Operator) are the data controller responsible for:

• Having a lawful basis for collecting your guests' personal information, including dietary and health-related details
• Providing adequate privacy notices to your guests in accordance with the Privacy Act 1988 (Cth)
• Ensuring your guests have consented to their information being processed via TourTide
• Verifying and acting on dietary, medical, and emergency contact information before and during a departure

TourTide will process guest personal information only as necessary to provide the Platform services, in accordance with our Privacy Policy.

6.3 Australian data residency

All Operator Data is stored exclusively on infrastructure located in Sydney, Australia (Akamai ap-southeast-2). No Operator Data is transferred to or stored in overseas systems. See our Privacy Policy (section 6) for full details.

6.4 Licence to process your data

You grant TourTide a limited, non-exclusive licence to process, store, and use Operator Data solely to provide the Platform services to you, to maintain and improve the Platform (using aggregated, de-identified data only), and to comply with legal obligations.

7. Not a travel agent or duty-of-care adviser

You remain solely responsible for:

• The accuracy of all content sent to your guests, including gear lists, pickup details, and itinerary content
• Verifying dietary, allergy, and medical information directly with guests and briefing guides accordingly before departure — do not rely on the Platform as your only safety check
• Compliance with the Australian Consumer Law, the Privacy Act 1988 (Cth), and any tourism, food safety, or duty-of-care obligations that apply to your business and jurisdiction
• Holding any licences, insurance, or accreditations required to operate your tours or experiences

TourTide does not communicate with guests on your behalf in any capacity other than sending the automated sequences you configure, and is not a party to the contract between you and your guests.

8. Intellectual property

8.1 Platform ownership

The Platform — including its software, design, templates, workflows, and documentation — is owned by Noxidsoft and protected by Australian and international intellectual property laws. These terms do not transfer any intellectual property rights to you.

8.2 Licence to use the Platform

Subject to payment of the applicable subscription fee (or use during your free trial) and compliance with these terms, TourTide grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your business's internal guest journey purposes during your trial or subscription period.

8.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Platform — including via the in-app Support & Feedback hub — you grant TourTide an irrevocable, perpetual, royalty-free licence to use that feedback in any way without obligation to you.

8.4 Your content

Itineraries, run sheets, email templates, and other content generated through the Platform using your own inputs are owned by you. TourTide does not claim rights in output content produced from your specific inputs.

9. Service availability

We aim to provide the Platform with high availability but do not guarantee uninterrupted access. The Platform may be temporarily unavailable due to scheduled maintenance, infrastructure issues, or circumstances beyond our control.

We will endeavour to provide advance notice of scheduled maintenance via the Platform dashboard or email where reasonably practicable.

TourTide does not warrant that:

• The Platform will be available at all times or free from errors
• Automated email sequences will be delivered or opened within any particular timeframe
• Any particular feature will remain available in its current form

Given the time-sensitive nature of pre-arrival and payment communications, you should monitor the dashboard ahead of departures rather than relying solely on automated sequences having been sent.

10. Limitation of liability

10.1 No consequential loss

To the maximum extent permitted by law, TourTide will not be liable to you for any indirect, incidental, special, consequential, or punitive loss, including loss of profits, loss of bookings, loss of data, or loss arising from a guest's reliance on information sent through the Platform.

10.2 Cap on liability

To the maximum extent permitted by law, TourTide's total aggregate liability to you for all claims arising under or in connection with these terms or the Platform will not exceed the total fees you have paid to TourTide in the twelve months immediately preceding the event giving rise to the claim.

10.3 Australian Consumer Law

Nothing in these terms excludes, restricts, or modifies any right or remedy you may have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other non-excludable statutory guarantee, and nothing in these terms is intended to limit our liability for death or personal injury caused by our negligence. To the extent that any implied warranty or guarantee cannot be excluded, TourTide's liability for a breach of that warranty is limited, at our option, to re-supplying the relevant service or paying the cost of having the service re-supplied.

10.4 Guest safety responsibility

TourTide is a software tool. You are solely responsible for guest safety, dietary and medical accommodation, and compliance with your duty of care as a tour operator. TourTide will not be liable for any harm to a guest, regulatory finding, or claim against your business, regardless of whether your business used the Platform.

11. Indemnification

You agree to indemnify, defend, and hold harmless TourTide (Noxidsoft), its officers, employees, and contractors from and against any claims, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Platform in breach of these terms
• Any false, inaccurate, or fabricated information submitted through the Platform, including guest dietary or medical information
• Your business's failure to comply with any applicable law, licence, or duty of care
• Any claim by a guest or other third party arising from your handling of their personal information or your conduct of the tour or experience itself
• Any unauthorised access to your account resulting from your failure to protect your credentials

12. Termination

12.1 Termination by you

You may cancel your subscription at any time as described in section 4.4. Cancellation does not entitle you to a refund of prepaid subscription fees (section 4.5).

12.2 Termination by TourTide

We may suspend or terminate your account immediately if:

• You breach any provision of these terms and fail to remedy the breach within 7 days of written notice
• You use the Platform for any unlawful purpose
• You submit false or fabricated information through the Platform
• Your subscription payment fails and is not remedied within the grace period
• We are required to do so by law or a government authority

In the event of termination for breach, no refund will be provided.

12.3 Effect of termination

Upon termination or expiry of your subscription, your access to the Platform will cease. Sections 6 (your data), 7 (not a travel agent or adviser), 8 (intellectual property), 10 (limitation of liability), 11 (indemnification), and 14 (governing law) survive termination.

13. Communications and email

13.1 Transactional communications

By registering for the Platform, you consent to receive transactional communications necessary to operate your account and deliver the service. These include:

• Account registration confirmation and email verification
• Subscription confirmations, tax invoices, and renewal notices
• Trial expiry and billing notices
• Security alerts and material service notices

Transactional communications are part of the service and cannot be opted out of while your account is active. Note that the automated guest-facing sequences (pre-arrival, balance reminders, post-trip) you configure are sent on your instruction and under your responsibility — see section 6.

13.2 Marketing communications and the Spam Act 2003

Any marketing or promotional email we send complies with the Spam Act 2003 (Cth). We will only send marketing communications if you have provided express or inferred consent. Every marketing email includes our full company name and contact details and a clear, functional unsubscribe mechanism. We will action unsubscribe requests within 5 business days as required by the Spam Act. We do not purchase email lists or send cold commercial email.

14. Governing law and disputes

14.1 Governing law

These terms are governed by the laws of Tasmania, Australia. You submit to the non-exclusive jurisdiction of the courts of Tasmania for the resolution of any dispute arising from these terms or your use of the Platform.

14.2 Dispute resolution

Before commencing any legal proceedings, you agree to contact us at [email protected] or via the in-app Support & Feedback hub to attempt to resolve the dispute in good faith. We will respond within 10 business days. If the dispute cannot be resolved within 30 days of first notification, either party may pursue their legal rights.

14.3 Class action waiver

To the extent permitted by law, you agree to bring any claim against TourTide individually and not as part of any class, collective, or representative action.

15. Changes to these terms

We may update these Terms of Service from time to time to reflect changes in our practices, pricing, or legal requirements.

When we make material changes, we will:

• Update the "Last updated" date at the top of this page
• Display a notice on the TourTide dashboard for 30 days after the change takes effect
• Send email notification to all active account owners at least 14 days before material changes take effect

Your continued use of the Platform after the effective date of revised terms constitutes acceptance. If you do not agree to the updated terms, you must stop using the Platform and cancel your subscription before the effective date.

Changes required by law may take effect immediately without advance notice.