WEBSITE TERMS OF USE

VERSION 2.0 | LAST REVISED ON: March 9, 2026

The website located at www.TryTourGenius.com and the web application accessible at trytourgenius.lovable.app (collectively, the "Platform") are owned and operated by Tour Genius LLC ("Company," "we," "us," or "our"). Tour Genius is a college visit companion platform designed to support college-bound students.

These Terms of Use ("Terms") govern your access to and use of the Platform. By accessing or using the Platform, you accept and agree to be bound by these Terms. If you do not agree, do not access or use the Platform.

These Terms apply to all users of the Platform, including counselors, program staff, students, and visitors to the marketing website.

IMPORTANT: These Terms require binding arbitration to resolve disputes on an individual basis. Please read Section 9 carefully.

1. Definitions

"Platform" means the Tour Genius website at www.TryTourGenius.com, the web application at trytourgenius.lovable.app, and any related tools, features, and services.
"Counselor Account" means an account created by a school counselor, program coordinator, or other authorized program staff member to manage student visits and send visit links.
"Student Account" means an account created or accessed by a student user to complete campus visit reports and view visit history.
"Visit Link" means a unique URL generated by the Platform and delivered to a student via SMS or email to initiate a campus visit session.
"Student Data" means information collected about or provided by student users, including but not limited to name, email address, phone number, graduation year, campus visit responses, photos, and reflections.
"Program" means a TRIO program, GEAR UP program, college access organization, independent educational consulting firm, or similar entity that has purchased a Counselor Account.

2. Eligibility and Account Types

2.1 Counselor Accounts

Counselor Accounts may only be created by individuals who are at least 18 years of age and are authorized representatives of an educational program or institution. By creating a Counselor Account, you represent that you have the authority to bind your program or institution to these Terms and to the obligations described herein, including those relating to student data and SMS consent.

2.2 Student Accounts

Students access the Platform via a Visit Link sent by their counselor or by logging in at the student dashboard. Students must be at least 13 years of age to use the Platform. Students under 13 are not permitted to use the Platform. Counselors are responsible for ensuring that students added to their roster are at least 13 years of age.

2.3 Account Responsibilities

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at hello@TryTourGenius.com if you suspect unauthorized access to your account. We are not liable for any loss or damage resulting from your failure to protect your credentials.

3. Platform Access and License

3.1 License Grant

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal educational program purposes.

3.2 Restrictions

You may not:

License, sell, resell, transfer, assign, or sublicense your access to the Platform to any third party;
Reverse engineer, decompile, or disassemble any portion of the Platform;
Use the Platform to build a competing product or service;
Access the Platform using automated tools, bots, scrapers, or crawlers;
Use the Platform to send unsolicited communications or spam;
Upload or transmit any content that is unlawful, harmful, or violates any third-party rights;
Attempt to gain unauthorized access to any portion of the Platform or its related systems.

3.3 Modifications and Availability

We reserve the right to modify, suspend, or discontinue any part of the Platform at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Platform.

4. Subscription, Fees, and Payment

4.1 Subscription Plans

Counselor Accounts require a paid subscription based on the number of student seats. Current pricing is available at www.TryTourGenius.com. Pricing is structured on a per-student, per-year basis with volume tiers. Additional staff accounts are available for a separate fee.

4.2 Payment Processing

All payments are processed securely through Stripe. By providing payment information, you authorize us to charge the applicable fees to your payment method. You represent that your payment information is accurate and that you are authorized to use the payment method provided.

4.3 Auto-Renewal

Subscriptions automatically renew annually on your renewal date unless you cancel before the renewal date. We will send a renewal reminder at least 30 days before your renewal date to the email address on file. You may cancel auto-renewal at any time through the Billing section of your Counselor Account.

4.4 Seat Limits and Upgrades

Your subscription entitles you to add and manage up to the number of student seats purchased. If you exceed your seat limit, you will be prompted to upgrade your subscription. Seat increases take effect immediately upon payment. Seat reductions take effect at the next renewal date.

4.5 Refunds

All fees are non-refundable except as required by applicable law. If you believe you have been charged in error, please contact us at hello@TryTourGenius.com within 30 days of the charge.

5. SMS Messaging

5.1 SMS Service

Tour Genius provides SMS messaging functionality that allows counselors to send campus visit links to students via text message. SMS messages are sent from our toll-free number +1 (833) 308-0043. Standard message and data rates may apply. Message frequency varies.

5.2 Counselor Responsibilities and SMS Consent

Counselors who add student phone numbers to the Platform represent and warrant that:

Each student whose phone number is added has provided express written consent to receive SMS messages from Tour Genius LLC;
The consent obtained meets all applicable requirements under the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and any other applicable federal, state, or local laws;
Students have been informed that messages include campus visit links and program updates, that message frequency varies, and that message and data rates may apply;
Students have been informed of their right to opt out at any time by replying STOP.

Counselors acknowledge that they are solely responsible for obtaining and maintaining proper consent from each student prior to adding their phone number to the Platform. Tour Genius LLC assumes no liability for a counselor's failure to obtain proper consent.

5.3 Student Opt-Out

Students may opt out of SMS messages at any time by replying STOP to any message from Tour Genius. Upon receipt of a STOP reply, the student's number will be immediately removed from future SMS delivery. Students may reply HELP at any time for assistance or contact us at hello@TryTourGenius.com.

5.4 Prohibited Uses of SMS

The SMS feature may only be used to send campus visit links and program-related updates to students who have provided proper consent. The SMS feature may not be used to send marketing messages, promotional offers, or communications unrelated to the student's college visit program.

6. Student Data, Privacy, and FERPA

6.1 Student Data Handling

We collect and process Student Data as described in our Privacy Policy available at www.TryTourGenius.com/privacypolicy. Our Privacy Policy is incorporated into these Terms by reference.

6.2 FERPA

To the extent that Student Data includes education records subject to the Family Educational Rights and Privacy Act (FERPA), counselors and programs using the Platform represent that their use of the Platform is consistent with their FERPA obligations. Tour Genius acts as a "school official" with a legitimate educational interest as permitted under FERPA, and will not disclose FERPA-protected education records except as permitted by law.

6.3 COPPA

The Platform is not directed to children under 13 years of age. If you become aware that a student under 13 has been added to the Platform, please notify us immediately at hello@TryTourGenius.com and we will take steps to delete that student's information.

6.4 Counselor Data Responsibilities

Counselors are responsible for ensuring that their collection, upload, and use of student information through the Platform complies with all applicable laws, including FERPA, COPPA, the TCPA, and applicable state student privacy laws. Counselors represent that they have all necessary authority and consents to upload student information to the Platform.

6.5 Data Retention and Deletion

Student Data is retained for the duration of the active subscription period and for a reasonable period thereafter. Counselors may request deletion of student data by contacting hello@TryTourGenius.com. Upon termination of a subscription, we will retain data for 90 days before deletion unless otherwise required by law or requested earlier.

6.6 Aggregated and Anonymized Data

We may use de-identified, aggregated data derived from Platform usage for product improvement, research, and analytics purposes. Such data will not identify any individual student, counselor, or program.

7. User Content

The Platform allows users to submit content including campus visit responses, photos, notes, and reflections ("User Content"). You retain ownership of your User Content. By submitting User Content to the Platform, you grant Tour Genius LLC a limited, non-exclusive, royalty-free license to store, display, and process your User Content solely for the purpose of providing the Platform services.

You represent and warrant that your User Content does not infringe any third-party intellectual property rights, does not contain any unlawful material, and does not violate any person's privacy rights. We reserve the right to remove any User Content that violates these Terms.

8. Intellectual Property

All intellectual property rights in the Platform, including but not limited to the Tour Genius name, logo, software, designs, text, and curriculum content, are owned by Tour Genius LLC or its licensors. Nothing in these Terms transfers any intellectual property rights to you. You may not use our trademarks, logos, or brand assets without our prior written consent.

9. Dispute Resolution

9.1 Informal Resolution

Before initiating any formal dispute process, you agree to first contact us at hello@TryTourGenius.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving your notice.

9.2 Binding Arbitration

If informal resolution is unsuccessful, all claims and disputes arising out of or relating to these Terms or the Platform (excluding claims for injunctive or equitable relief) shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at www.adr.org. The arbitration shall be conducted in English. Any judgment on the arbitration award may be entered in any court of competent jurisdiction.

9.3 Class Action Waiver

ALL CLAIMS AND DISPUTES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

9.4 Governing Law and Venue

These Terms are governed by the laws of the State of Maryland, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Baltimore, Maryland.

9.5 Small Claims

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

10. Disclaimers

THE PLATFORM IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TOUR GENIUS LLC AND ITS OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT DEFECTS WILL BE CORRECTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOUR GENIUS LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

12. Indemnification

You agree to indemnify, defend, and hold harmless Tour Genius LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law; (d) your failure to obtain proper SMS consent from students; or (e) any claim by a student or third party arising from your use of the SMS messaging feature.

13. Term and Termination

These Terms are effective upon your first access to the Platform and remain in effect until terminated. We may suspend or terminate your access to the Platform at any time, with or without cause, with or without notice. You may terminate your account at any time by contacting us at hello@TryTourGenius.com.

Upon termination: your license to use the Platform immediately terminates; you must cease all use of the Platform; and provisions of these Terms that by their nature should survive termination shall survive, including Sections 6, 8, 9, 10, 11, and 12.

14. Third-Party Services

The Platform integrates with third-party services including Stripe (payment processing), Twilio (SMS delivery), and the U.S. Department of Education College Scorecard API (college data). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of any third-party services.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tour Genius LLC regarding your use of the Platform and supersede all prior agreements and understandings.

15.2 Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email to the address on file or by posting a notice on the Platform. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms.

15.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

15.5 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

15.6 Electronic Communications

By using the Platform, you consent to receive communications from us electronically, including by email and through the Platform. You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.

15.7 Copyright

16. Contact Information

For questions about these Terms, please contact:

Tour Genius LLC

Website: www.TryTourGenius.com

Email: hello@TryTourGenius.com

Phone: (404) 482-1134

Baltimore, Maryland