Terms of Service

Effective May 20, 2026 · Last updated May 20, 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Guide” or “you”) and Setout (“we,” “our,” or “us”), a sole proprietorship operated by Adrienne Wylder and doing business as Setout, governing your access to and use of the Setout platform, including the website at setout.guide, all associated subdomains, APIs, and related services (collectively, the “Platform”).

By creating an account, clicking “I agree,” or otherwise accessing or using the Platform, you represent that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not access or use the Platform.

If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to that organization.

1. Nature of the Platform

1.1 Software Platform Only

Setout is a software-as-a-service platform that provides tools for independent guides and trip organizers to manage bookings, collect payments, communicate with participants, generate waivers, and market their services. Setout is not a tour operator, travel agency, travel insurer, booking agent, event organizer, or employer of any guide.

1.2 No Endorsement

Setout does not endorse, certify, license, inspect, or guarantee any guide, trip, activity, waiver, or service offered through the Platform. The existence of a guide profile on the Platform is not a representation that the guide is qualified, licensed, insured, or otherwise fit to lead any particular activity.

1.3 Independent Operators

Guides using the Platform are independent business operators. Setout has no control over and bears no responsibility for the quality, safety, legality, or conduct of any guide, trip, or activity. No employment, partnership, joint venture, agency, franchise, or fiduciary relationship is created by these Terms or your use of the Platform.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding contracts in your jurisdiction to use the Platform. The Platform is not directed at or intended for use by minors. If you are using the Platform to manage activities that involve minor participants, you as the guide are solely responsible for compliance with all applicable laws regarding the protection of minors, parental consent, and minor participant waivers.

2.2 Account Registration

You must create an account to access most Platform features. You agree to provide accurate, current, and complete information during registration and to keep that information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@setout.guide if you suspect unauthorized access.

2.3 One Account Per Guide

Each guide may maintain one active account. Setout reserves the right to merge, suspend, or terminate duplicate accounts.

3. Platform License

3.1 Limited License

Subject to your compliance with these Terms and payment of applicable subscription fees, Setout grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes as a guide or trip organizer.

3.2 Restrictions

You may not: (a) sublicense, resell, or transfer access to the Platform; (b) use the Platform to build a competing product or service; (c) reverse engineer, decompile, or attempt to extract the source code of the Platform; (d) use automated means to scrape, crawl, or extract data from the Platform; (e) use the Platform for any unlawful purpose or in violation of any applicable law or regulation; (f) misrepresent your identity, qualifications, or the nature of any trip or activity.

4. Subscription Plans and Payment

4.1 Subscription Tiers

Setout offers multiple subscription tiers (Explorer, Guide, Pro, Outfitter) with varying features and participant limits as described on our pricing page. Features and limits are subject to change with reasonable notice.

4.2 Fees and Zero Commission

Subscription fees are charged in advance on a monthly or annual basis. All fees are stated in US dollars unless otherwise indicated. Setout charges a flat subscription fee only — we take zero commission on bookings, regardless of tier or booking volume. This is a structural commitment, not a promotional claim.

4.3 Payment Processing

Subscription payments are processed by Stripe, Inc. on our behalf. By subscribing, you also agree to Stripe’s terms of service. Your payment information is transmitted directly to Stripe and is not stored on Setout’s servers.

4.4 Participant Payments

When you collect payments from participants through the Platform, those transactions are processed via Stripe’s connected account infrastructure. You are the merchant of record for all participant payments. Setout does not take any commission or percentage of participant payments. Stripe’s fees apply. Stripe’s standard rates are approximately 2.9% + $0.30 per successful US card transaction, with an additional 1.5% for international cards. These fees are charged by Stripe and are not revenue to Setout. You are responsible for all applicable taxes on payments you collect.

4.5 Refunds

Subscription fees are non-refundable except as required by applicable law or as expressly stated in these Terms. Setout does not process refunds for participant payments — that is between you and your participants, subject to your cancellation policy.

4.6 Automatic Renewal

Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. You can cancel at any time through your account settings. Cancellation takes effect at the end of the current billing period.

4.7 Discounts

Educator, student, and nonprofit discounts are granted based on eligibility verification through email domain. Setout reserves the right to revoke discounts if eligibility cannot be confirmed or is misrepresented.

5. Your Responsibilities as a Guide

5.1 Legal Compliance

You are solely responsible for complying with all laws and regulations applicable to your guiding activities, including but not limited to: business licensing requirements; professional certification or permit requirements for your activity type and jurisdiction; local, state, national, and international regulations governing your activities; tax obligations on income you collect through the Platform; insurance requirements; and laws governing the conduct of activities involving minor participants.

5.2 Permits and Licenses

Certain guiding activities require state or federal permits, outfitter licenses, or professional certifications before you may legally charge participants. These requirements vary by activity type, location, and jurisdiction and may include outfitter permits, fishing and hunting guide licenses, whitewater guide certifications, backcountry and wilderness permits, and similar regulatory authorizations. You are solely responsible for determining what permits and licenses apply to your activities and for obtaining and maintaining them. Setout does not verify permit or license status and makes no representation that any guide is properly permitted or licensed.

5.3 Waiver Responsibility

The Platform provides waiver templates as starting-point tools only. Setout does not provide legal advice. Waiver templates are not reviewed by attorneys and are not guaranteed to be legally enforceable in any jurisdiction or for any activity. You are solely responsible for ensuring that any waiver you use is appropriate for your specific activity, jurisdiction, participant population, and risk profile. We strongly recommend consulting a licensed attorney in your jurisdiction before using any waiver with participants, particularly for high-risk activities.

5.4 Participant Communications

All communications sent to participants through the Platform are sent on your behalf. You are responsible for the accuracy and legality of all content you send. You may not use the Platform to send spam, harassing communications, misleading information, or content that violates any applicable law.

5.5 Accurate Representation

You must represent your trips, activities, qualifications, certifications, and experience accurately on the Platform. Setout reserves the right to remove content that is misleading, inaccurate, or that misrepresents material facts about your services.

5.6 Participant Safety

You are solely responsible for the safety of your participants during any activity. Nothing in these Terms or in the Platform’s tools (including waiver templates, email sequences, or booking tools) relieves you of your duty of care to participants. You acknowledge that Setout is not an emergency communication or data backup system. In an emergency, you should not rely on the Platform to access participant emergency contacts or trip information. You agree to maintain independent, offline copies of participant emergency contact information for each trip you lead.

5.7 Insurance

You are strongly encouraged to maintain commercial general liability insurance applicable to your guiding activities. For guides conducting high-risk activities — including but not limited to whitewater paddling, rock climbing, backcountry skiing, fishing charters, multi-day wilderness trips, and any activity with significant physical risk — adequate liability coverage is essential. Upon Setout’s request, you agree to provide evidence of applicable insurance coverage. Setout does not verify guide insurance status and makes no representation that any guide carries insurance.

5.8 Minor Participants

If your activities involve participants under 18 years of age, you are solely responsible for obtaining all required parental or guardian consents, complying with applicable child protection laws, and ensuring your waiver includes appropriate provisions. Setout’s communications tools are designed to reach adult participants or the adult organizer responsible for minor participants — Setout does not communicate directly with minors.

6. Intellectual Property

6.1 Setout’s IP

The Platform, including all software, design, trademarks, content, and proprietary tools, is owned by Setout or its licensors. Nothing in these Terms transfers any ownership interest in Setout’s intellectual property to you.

6.2 Your Content

You retain ownership of content you create using the Platform (trip descriptions, photos, email copy, waiver customizations, etc.). By uploading or submitting content to the Platform, you grant Setout a non-exclusive, royalty-free, worldwide license to host, store, display, and transmit that content as necessary to provide the Platform services. You represent that you have all rights necessary to grant this license.

6.3 Feedback

If you provide feedback, suggestions, or ideas about the Platform, you grant Setout the right to use that feedback without restriction or compensation.

7. Data and Privacy

Your use of the Platform is governed by our Privacy Policy, incorporated into these Terms by reference. You are also a data controller in your own right with respect to participant data you collect through the Platform. You are responsible for having a lawful basis for collecting and processing participant data, and for compliance with applicable data protection laws including GDPR where applicable.

8. Prohibited Conduct

You may not use the Platform to:

• Violate any applicable law or regulation;
• Infringe the intellectual property rights of any third party;
• Collect payments for trips or activities you do not intend to conduct;
• Misrepresent your identity, qualifications, insurance coverage, or the nature of any activity;
• Harass, threaten, or harm any participant or other user;
• Upload malicious code, interfere with Platform operations, or attempt to gain unauthorized access to any system;
• Use the Platform to discriminate against participants on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, disability, or any other characteristic protected by applicable law;
• Use participant contact information obtained through the Platform for any purpose other than conducting your guiding services.

9. Disclaimers

9.1 As-Is Basis

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SETOUT DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

9.2 No Warranty on Templates

SETOUT EXPRESSLY DISCLAIMS ANY WARRANTY THAT WAIVER TEMPLATES, EMAIL TEMPLATES, OR ANY OTHER DOCUMENT TEMPLATES PROVIDED THROUGH THE PLATFORM ARE LEGALLY SUFFICIENT, ENFORCEABLE, OR APPROPRIATE FOR ANY PARTICULAR USE, ACTIVITY, OR JURISDICTION. THESE TEMPLATES ARE PROVIDED AS STARTING POINTS ONLY AND DO NOT CONSTITUTE LEGAL ADVICE.

9.3 Uptime

Setout does not warrant that the Platform will be uninterrupted, error-free, or available at any particular time. We will use reasonable efforts to maintain availability but do not guarantee any specific uptime level.

10. Limitation of Liability

10.1 Exclusion of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SETOUT, ITS OWNERS, OPERATORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF SETOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SETOUT’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO SETOUT IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

10.3 Essential Basis

THE LIMITATIONS IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SETOUT. SETOUT WOULD NOT PROVIDE THE PLATFORM WITHOUT THESE LIMITATIONS.

11. Indemnification

You agree to defend, indemnify, and hold harmless Setout and its owners, operators, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Platform; (b) any trip, activity, or service you offer through the Platform; (c) your violation of these Terms; (d) your violation of any applicable law or third-party right; (e) any injury, death, or property damage suffered by any participant in your activities; (f) any claim that your content infringes a third party’s intellectual property rights; (g) your failure to obtain required permits, licenses, or insurance; or (h) any dispute between you and a participant.

12. Term and Termination

12.1 Term

These Terms remain in effect while you maintain an account on the Platform.

12.2 Termination by You

You may terminate your account at any time through account settings. Termination does not entitle you to a refund of prepaid subscription fees.

12.3 Termination by Setout

Setout may suspend or terminate your account at any time, with or without notice, for: (a) breach of these Terms; (b) conduct that Setout reasonably believes poses a risk to participants, other users, or Setout; (c) non-payment of fees; (d) extended inactivity; or (e) any other reason at Setout’s reasonable discretion. We will make reasonable efforts to provide notice where feasible.

12.4 Effect of Termination

Upon termination, your license to use the Platform ends. We may delete your account data in accordance with our data retention policy and Privacy Policy. Provisions of these Terms that by their nature should survive termination will survive, including Sections 5, 6, 9, 10, 11, 13, and 14.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute, you agree to contact Setout at legal@setout.guide and attempt to resolve the dispute informally for at least 30 days.

13.2 Governing Law

These Terms are governed by the laws of the State of Maine, United States, without regard to conflict of law principles.

13.3 Jurisdiction

Any dispute not resolved informally will be subject to the exclusive jurisdiction of the state and federal courts located in Hancock County, Maine. You consent to personal jurisdiction in those courts.

13.4 Waiver of Class Action

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING AGAINST SETOUT.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and Setout regarding the Platform and supersede all prior agreements and understandings.

14.2 Modifications

Setout may modify these Terms at any time. We will provide notice of material changes by email or by posting a notice on the Platform at least 14 days before the effective date of the modified Terms. Your continued use of the Platform after the effective date constitutes acceptance. If you do not agree to modified Terms, you must stop using the Platform and may request account deletion.

14.3 Severability

If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.

14.4 No Waiver

Setout’s failure to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision in the future.

14.5 Assignment

You may not assign your rights or obligations under these Terms without Setout’s prior written consent. Setout may assign its rights and obligations freely, including in connection with a merger, acquisition, or sale of assets.

14.6 Force Majeure

Setout is not liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, acts of government, labor disputes, or internet infrastructure failures.

14.7 Contact

Setout (d/b/a Setout.guide)
legal@setout.guide
support@setout.guide

These Terms of Service were last updated on May 20, 2026. Please review them periodically.