Terms of Service

1. Acceptance of Terms

By accessing or using the Guidecall application, website, and associated services (collectively, the "Service"), you agree to be bound by these Terms of Service. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to all of the terms, you may not access the Service.

2. The Platform

Guidecall acts strictly as a technology platform connecting independent outdoor guides ("Guides") with customers ("Clients"). Guidecall is not a guiding service, outfitter, charter operator, or transportation carrier. All guiding services are provided by independent contractors who are not employees of Guidecall.

3. SMS Communications (A2P 10DLC Compliance)

By providing your phone number and expressly opting in via your account settings, you consent to receive SMS text messages from Guidecall relating to your account activity, bookings, trip reminders, secure messages, payouts, and calendar updates.

• Message Frequency: Message frequency varies based on your account activity and the per-category notification preferences you select.
• Pricing: Message and data rates may apply. Guidecall does not charge for these messages; your mobile carrier might.
• Opt-Out: Reply STOP to any message you receive, or toggle SMS off per category inside Dashboard Settings.
• Support: Reply HELP to any message or contact admin@guidecall.app.
• Privacy: See our Privacy Policy (available at guidecall.app/privacy) for how SMS data is handled.

Deal Alerts (marketing messages). Separately from the account notifications above, you may opt in to Guidecall Deal Alerts on our public signup page — recurring automated marketing texts and/or emails about fishing-trip offers matching preferences you choose (location, species, minimum discount, and maximum frequency) — and, with the “Deals” notification category enabled in Account Settings, last-minute opening texts from captains you have fished with or favorited. Consent is not a condition of any purchase. Marketing texts are available for US mobile numbers only and are sent only during the hours permitted by your state’s law. Phone numbers are verified with a one-time code before any alert is sent. Reply STOP to any alert to opt out of texts, use the manage link included in every message to change preferences or unsubscribe entirely, and reply HELP or contact admin@guidecall.app for help. Message and data rates may apply.

4. User Accounts & Eligibility

You must be at least 18 years old to create an account. You are responsible for safeguarding your account credentials. Guides are solely responsible for acquiring and maintaining all necessary commercial licenses, insurance, permits, and certifications required by federal, state, and local laws (see Section 13).

5. Per-Product Approval & Guide Listings

Guides apply for one or more of three distinct products on the platform: In-Person Trips, Scheduled Calls, and On-Call sessions. Each product is reviewed independently by Guidecall admins. A Guide may be approved for some, all, or none of these products, and the approval set determines what the Guide may offer:

• A Guide approved only for Scheduled Calls cannot create or accept trip-listing bookings.
• A Guide approved only for In-Person Trips cannot accept video calls or on-call requests.
• Product approval can be granted, denied, revoked, or suspended at any time at Guidecall's sole discretion based on credential compliance, customer complaints, refund history, or platform policy violations.
• A Guide denied approval for a product may re-apply after a fourteen (14) day cooldown period.
• Guides may request approval for additional products from Dashboard → Profile at any time.

6. Pricing, Platform Fees & Payments

All payments are processed securely through our third-party payment processor. Guidecall collects all customer payments as the limited payment-collection agent of the Guide; your payment to Guidecall fully satisfies your payment obligation to the Guide for the booked service. Guides must complete payout setup (identity details, tax form, and bank-account details) before they can receive payouts. The following platform fees apply:

• Trip Commission: 10% of the Trip price for In-Person sessions, deducted from the Guide's payout.
• Call Commission: 30% of the call price for Scheduled Calls and On-Call sessions, deducted from the Guide's payout.
• Customer Service Fee: 4% on top of the trip/call/on-call subtotal, charged to the customer at checkout as a separate line item. The service fee is non-refundable — except when the Guide cancels the Trip or session, in which case it is refunded in full (Section 7) — and is not assessed on tips, on credit-funded purchases, or on off-session installment auto-charges that were collected at deposit. Guidecall may waive or discount the customer service fee for customers attributed to a partner or promotional code; a waiver attached to your account remains in effect per the terms of the program under which it was granted and applies automatically at checkout.
• Referral & Promotional Codes: Codes may be entered at checkout or attach automatically from a referral link. Each account may be attributed to only one referral code — the first code used, permanently. Code benefits have no cash value, apply only as described in the offer under which they were issued, and may be declined or reversed where Guidecall reasonably believes they result from fraud or misuse.
• Tip Platform Fee: None. The Guide receives 100% of any tip you give.
• Payment Processing Fees are absorbed by Guidecall. Guides receive their full share net of the platform commission above.

Payout Holds. Guide payouts for calls are held for 24 hours after call completion. Guide payouts for In-Person trips are held until the day after the trip date to allow refund disputes to be opened. Guidecall reserves the right to extend a hold, suspend a payout, or cancel a payout entirely in the event of suspected fraud, severe policy violations, or an open refund ticket.

Reversals. When a refund is issued, the corresponding Guide payout is automatically reversed or deducted from future payouts ("Reversals"). If a Reversal fails, the outstanding amount is deducted from the Guide's next eligible payout. If no future payout is available within sixty (60) days, Guidecall may charge the Guide's payment method on file or invoice the Guide for the outstanding balance, and the Guide agrees to pay any such amount within thirty (30) days of notice.

Payment Plans & Saved Cards. For In-Person Trips of $400 or more booked more than seven (7) days in advance, payment is collected on a schedule: a 50% deposit, 25% midway between booking and the Trip date, and the final 25% twenty-four (24) hours before the Trip. By booking with a payment plan you authorize Guidecall to securely save your card and automatically charge the scheduled installments to it when they come due, without you being present. No charge is captured more than ninety (90) days before the Trip date; for bookings made further in advance, your card is saved at booking and the deposit is charged when the Trip is ninety (90) days away. We send you an email and/or SMS reminder before each scheduled charge. If an installment fails, we notify you immediately with a secure link to update your payment method; unresolved payment failures are treated under Section 7.

Guide Promotional Purchases. Guides may purchase optional promotional products from Guidecall, including slot-blast email credits (escalating pricing disclosed at purchase) and featured search placement (priced per week as disclosed at purchase). Promotional purchases are charged at the time of purchase (by card or platform credit balance), are delivered immediately or on the schedule described at purchase, carry no Guide payout component, and are non-refundable once delivery has begun, except where required by law or at Guidecall's discretion. Guidecall does not guarantee any specific results from promotional products, and the sole remedy for non-delivery is a credit for the purchase price.

7. Cancellation & Refund Policy

Cancellation eligibility and refund treatment depends on when the cancellation occurs and which party initiates it. A detailed summary is published at guidecall.app/cancellation-policy for convenience. In the event of any conflict between that summary and the terms below, these Terms control.

• Customer cancellation more than two (2) weeks before the Trip: Full refund (less the non-refundable 4% service fee).
• Customer cancellation within two (2) weeks of the Trip: Your deposit and any payments made are non-refundable and are paid to the Guide. You may either (i) reschedule free of charge with the same Guide for a new date within fourteen (14) days of cancellation, with all payments credited to the new booking (you pay any price difference, or are refunded any difference if the new Trip costs less); or (ii) accept the cancellation, in which case the Guide keeps all payments made to date.
• Guide cancellation or declined request: If the Guide cancels a confirmed booking or declines your booking request, you receive a full refund of all payments made, including the 4% service fee. Repeated Guide cancellations may result in product-approval suspension or removal from the marketplace.
• Weather & safety cancellation: Fishing is weather-dependent. If unsafe weather or conditions make a Trip impossible — at any time, regardless of the two-week rule above — you may request a full refund of your Trip payments — as Guidecall credit or to your original payment method (the 4% service fee remains non-refundable) — or a free reschedule. The Guide and captain have sole authority to delay, relocate, or cancel a Trip for safety.
• Payment failure: If a customer's payment fails or cannot be resolved before the Trip, the booking is automatically cancelled and treated as a non-refundable late cancellation. Payments already collected are treated as non-refundable, except that Guidecall may, in its sole discretion, issue a partial refund or credit where circumstances warrant.

Refund Tickets. Customers may open a refund ticket inside the platform. Guidecall admins review every ticket and may deny, partially approve, or fully approve a refund based on the evidence presented. Approved refunds are issued as on-platform credit or returned to the original payment method. Guides may dispute refund decisions within seven (7) days of the decision date; disputes are reviewed by Guidecall and resolved within five (5) business days.

Credit issued as a refund may be used for any future Guidecall booking, or returned to your original card within the card network's refund window; it cannot be transferred to another person or card. Guidecall may issue goodwill credits at its sole discretion, which are not tied to any specific session or payout reversal. If refund credit remains unused, Guidecall will send you a reminder and then automatically return it to your original card before your payment ages out of the card network's refund window (generally about five to six months after your original payment). If it cannot be returned to your card, it remains available to you as Guidecall credit, and any balance that stays unclaimed may be reported and remitted to your state as unclaimed property as required by law. Promotional and goodwill credits are not tied to a card payment, are not returned this way, and may expire.

8. Scheduled Calls & On-Call Sessions

Scheduled Calls are pre-booked video sessions between a Client and a Guide on a fixed date and time. Pricing is set by the Guide (Flat, Tier, or Per-Species pricing modes).

On-Call sessions are real-time video sessions a Client can request from any Guide who has marked themselves available. Pricing for On-Call sessions is set by the platform.

Video & Audio Recording. All Scheduled Calls and On-Call sessions are hosted by Daily.co inside private two-participant rooms. Every session is recorded to the cloud. Both participants confirm their consent to recording on a notice screen shown before each call begins; by proceeding past that screen and joining a session, both parties consent to being recorded. Recordings are retained for dispute resolution, refund review, and platform integrity. Recordings are accessible only to Guidecall admins for review purposes and to the call participants themselves on request. See our Privacy Policy Section 10 for retention details.

9. Tipping

Customers may leave a tip for the Guide after an In-Person Trip is completed. Tipping is optional. Guides may opt out of receiving tips entirely from their profile settings.

• Tips are processed through our payment processor at the time the customer submits them.
• No platform fee is deducted from tips; the Guide receives 100% of every tip.
• The customer service fee (4%) does not apply to tips.
• Tips paid through the platform are subject to the same payout-hold and refund rules as the underlying session.

10. Assumption of Risk

You acknowledge that fishing, boating, and other outdoor activities arranged through the Guidecall platform are inherently dangerous and involve risks of physical injury, drowning, equipment failure, exposure to weather, encounters with wildlife, and other hazards that cannot be fully eliminated. By booking any trip, call, or service through Guidecall, you voluntarily assume all inherent risks of such activities for yourself and any guests in your party.

Guidecall is a marketplace, not a tour operator, captain, charter service, or transportation provider. We do not own or operate any vessels, vehicles, or equipment, and we do not supervise, train, or certify Guides. Guides are independent contractors solely responsible for the conduct, safety, equipment, insurance, licensing, and execution of every trip booked through the platform.

Customers are encouraged to confirm a Guide's licensing, insurance, vessel condition, and safety practices independently before any trip. Customers must also sign any waivers, liability releases, or assumption-of-risk documents requested by the Guide on the day of the trip.

11. Limitation of Liability

To the maximum extent permitted by law, Guidecall and its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of data, or loss of goodwill arising out of your use of the Service, any trip or call arranged through the platform, or any act or omission of a Guide or other user.

Liability Cap. In no event shall Guidecall's total cumulative liability to you under these Terms exceed the booking fee actually paid to Guidecall for the specific session at issue, or one hundred U.S. dollars ($100), whichever is less. This cap applies regardless of the theory of liability — contract, tort, strict liability, or otherwise.

12. Indemnification

You agree to defend, indemnify, and hold harmless Guidecall and its officers, directors, employees, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of (a) your use of the Service, (b) your violation of these Terms or any law, (c) your violation of any third-party right, including any intellectual-property or privacy right, (d) any injury, illness, or property damage you or your guests suffer or cause during any Trip, call, or service booked through the platform, or (e) any dispute between you and a Guide or other user. Guidecall may, at its option and expense, assume the exclusive defense and control of any matter subject to indemnification by you, and you agree not to settle any such matter without Guidecall's prior written consent.

13. Guide Operator Requirements

By onboarding as a Guide on the platform, you represent and warrant that you (a) hold all required federal, state, and local licenses, permits, and certifications applicable to your services, including any U.S. Coast Guard captain's license required for the waters in which you operate, (b) maintain commercial general liability insurance and any other coverages required by law or industry standard for the duration of your time on the platform, (c) operate vessels and equipment that meet all applicable Coast Guard, state, and local safety standards, (d) comply with all federal, state, and local laws, including environmental, fish-and-game, employment, and tax laws, and (e) will notify Guidecall in writing within twenty-four (24) hours of any lapse, suspension, or revocation of any of the foregoing.

Payout Setup. Guides must complete payout setup — accurate identity details, a completed IRS Form W-9, and a valid U.S. bank account — to be eligible for payouts. Guides who fail to complete payout setup may be unable to receive payouts until they do so. Additional verification may be required by Guidecall or its payment processor, and Guidecall is not responsible for delays caused by failed or incomplete verification.

Guides are solely responsible for collecting any trip-day waivers, liability releases, or safety acknowledgements from customers. Guidecall does not collect or store such documents on a Guide's behalf.

Pricing Parity. Guides agree that prices listed on Guidecall will be no higher than prices charged on their own website or direct booking channels for the same service. Guidecall may audit pricing; violations may result in a warning and, for repeat or significant violations, suspension or removal from the marketplace.

14. Guest Checkout

Guidecall permits customers to book sessions without creating an account by providing an email address, name, and phone number ("Guest Checkout"). The customer service fee described in Section 6 applies to all Guest Checkout transactions and is retained entirely by Guidecall.

Guest customers receive booking confirmations and management links by email. Anyone in possession of a confirmation link may view booking details; sensitive actions (cancellation, refund) require a separate one-time code emailed to the original guest email at the time of the action. Guests may request deletion of their data at any time via guidecall.app/privacy/delete.

15. Your Right to Deletion

You may request deletion of your contact information at any time. Logged-in users may do so from Account Settings. Guests and former users may use guidecall.app/privacy/delete. We will anonymize your name, email, and phone within thirty (30) days of confirmation, provided there are no pending bookings, open disputes, unresolved payment obligations, or active fraud investigations; in such cases, anonymization will occur promptly after resolution. Records of past bookings, payments, and refunds remain in our systems in anonymized form to satisfy our obligations under federal, state, tax, and payment-network rules (including IRS retention and payment-network dispute-history requirements). See our Privacy Policy Section 10 for retention specifics.

16. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email or in-app notification at least thirty (30) days before they take effect. If you do not agree with a material change, you may close your account before the effective date. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms.

17. Governing Law

These Terms are governed by the laws of the State of New Jersey (and applicable federal maritime law as to In-Person Trips), without regard to conflict-of-laws principles.

18. Contact

Questions about these Terms? Email admin@guidecall.app.