Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services provided by ActionSync ("we," "our," or "us"), including our website, mobile application, and any related services (collectively, the "Services"). By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, you may not access or use our Services.

1. Eligibility

You must be at least 18 years old to create an account and use our Services independently. Individuals under the age of 18 may use our Services if they are signed up by a parent or legal guardian who agrees to these Terms on their behalf. By accessing or using our Services, you represent and warrant that you meet these eligibility requirements or that you have obtained consent from a parent or legal guardian to use our Services.

2. Account Registration

In order to access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for any activities or actions taken under your account. You must immediately notify us if you become aware of any unauthorized access to or use of your account.

3. Instructor Services

If you are an instructor using our platform to offer lessons or guiding services for any activity ("Pro"), you agree to:

a. Provide accurate and up-to-date information about your qualifications, availability, and rates.

b. Deliver high-quality instruction or guiding services to guests who book through our platform.

c. Comply with all applicable laws and regulations, including those related to safety standards for the specific action sport.

d. Honor all bookings made through our platform, unless there are extenuating circumstances beyond your control.

e. Acknowledge that ActionSync reserves the right to remove you from the service if your performance does not meet our standards or if we receive complaints from guests about your services.

4. Guest Services

If you are a guest booking Services through our platform ("Guest"), you agree to:

a. Provide accurate and up-to-date information about your skill level, preferences, and any special requirements.

b. Respect the rules and policies of the locations where the lesson takes place.

c. Pay the agreed-upon fees for activities booked through our platform.

d. Provide feedback on your experience to help us improve our Services.

5. Payments

Payments for Pro services booked through our platform are processed securely using our designated payment processor. By using our Services, you agree to pay all applicable fees and charges. All payments are non-refundable unless otherwise specified.

6. Prohibited Conduct

You agree not to:

a. Use our Services for any unlawful or fraudulent purpose.

b. Interfere with or disrupt the operation of our Services.

c. Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.

d. Collect or store personal data about other users without their consent.

e. Violate any applicable laws or regulations.

7. Intellectual Property

All content included on our website and mobile application, including text, graphics, logos, images, and software, is the property of ActionSync or its licensors and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of such content without our express written permission.

8. Privacy

Our Privacy Policy governs the collection, use, and disclosure of personal information obtained through your use of our Services. By using our Services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

9. Termination

We reserve the right to suspend or terminate your access to our Services at any time and for any reason, without prior notice or liability.

10. Changes to Terms

We may update or modify these Terms from time to time without prior notice. Any changes will be effective immediately upon posting the revised Terms on our website. By continuing to access or use our Services after any changes, you agree to be bound by the updated Terms.

11. Governing Law

These Terms are governed by the laws of Canada, without regard to its conflict of laws principles.

12. Contact Us

If you have any questions or concerns about these Terms or our Services, please contact us at info@actionsync.ca

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. INFORMATION WE COLLECT AND HOW WE USE IT

We may store the information you submit to or through the Site, as well as information we collect in connection with your use of the Site.

We use the information to fulfill your requests, provide the Site’s functionality, improve the Site’s quality, personalize your experience, track usage of the Site, provide feedback to businesses or instructors that are listed on the Site, display relevant advertising, provide customer support, message you, back up our systems and allow for disaster recovery, enhance the security of the Site, and comply with legal obligations.

Among the information we collect, please note:

• Account Information: If you create an account on ActionSync, we may store and use your full name, email address, zip code and other information you may provide with your account, such as your gender and birth date. Your first name and last initial, as well as any photo you submit through the registration process, will be publicly displayed as part of your account profile. You can modify some of the information associated with your account on your profile page. If you feel that an unauthorized account has been created depicting you or your likeness, you can request its removal by using the form at the bottom of this page.

• Public Content: The information that you post to the Site is intended for public consumption, including your reviews, tips, photos, check-ins, comments, likes, posts, bookmarks, friends, lists, compliments, and account profile. We may display this information on the Site, share it with businesses or instructors, and further distribute it to a wider audience through third party sites and services.

• Contacts: You can invite your friends to join the Site by providing their contact information, or by allowing us to use your address book from your computer, mobile device, or other sites. If you invite a friend to join and connect with you on the Site, we may transmit your friend’s contact information to ActionSync long enough to process your requests.

• Communications: When you sign up for an account, you are opting in to receive emails from other ActionSync users, businesses or instructors, and ActionSync itself. You can manage your email preferences on your profile page, but note that you cannot opt out of receiving certain administrative or legal notices from Only Sky. If you exchange messages with others through the Site, we may store them in order to process and deliver them, allow you to manage them, and investigate possible wrongdoing in connection with the Site. If you send information from the Site to your phone via SMS text message, we may log your phone number, phone carrier, and the date and time that the message was processed. Carriers may charge recipients for texts that they receive.

• Transactional Information: If you make reservations or purchases through the Site, we may collect and store certain information about you to process your requests and populate forms for future transactions, such as your phone number, address, email, and credit card information. This information may be shared with third parties who help process and fulfill your requests. When you submit credit card numbers, we encrypt that information using industry standard technology. If you write reviews about businesses or instructors with which you transact through the Site, we may publicly display the fact that you transacted with those businesses or instructors.

• Site Activity: We may store information about your use of the Site, such as your search activity, the pages you view, the date and time of your visit, and the businesses or instructors you call using our mobile applications. We also may store information that your computer or mobile device provides to us in connection with your use of the Site, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, unique device identifier, location, and requested and referring URLs.

2. COOKIES

We, and third parties with whom we partner, may use cookies, web beacons, and similar technology in connection with your use of the Site and third party websites ("Cookies"). Cookies are small data files that may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Site, such as your browser type, search preferences, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may be persistent or stored only during an individual session.

Types of Cookies used on the Site include:

Processes

Intended to make the Site work in the way you expect it to. For example, we use a Cookie that tells us whether you have already signed up for an account

Authentication, Security, and Compliance

Intended to prevent fraud, protect your data from unauthorized parties, and comply with legal requirements. For example, we use Cookies to determine if you are logged in

Preferences

Intended to remember information about how you prefer the site to behave and look. For example, we use a Cookie that tells us whether you have declined to allow us to use your phone’s geolocation data.

Notifications

Intended to allow notice of information or options that we think could improve your use of the site. For example, we use a Cookie that allows us to stop showing you the signup notification if you have already seen it

Advertising

Intended to make advertising more relevant to users and more valuable to advertisers. For example, we use a Cookie that tells us if you have recently clicked on an ad.

Analytics

Intended to help us understand how visitors use the Site. For example, we use a Cookie that tells us how our search suggestions correlate to your interaction with the search page

Managing Cookies:

It may be possible to disable some (but not all) Cookies through your device or browser settings, but doing so may affect your ability to use the Site. The method for disabling cookies may vary by device and browser, but can usually be found in preferences or security settings.

3. THIRD PARTIES

We may share information about you with third parties as follows:

• Advertisers: We may allow third parties to use Cookies on the Site to collect the same type of information for the same purposes as Only Sky does for itself. They may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have access to or control over the Cookies they use, but you may be able to opt-out of some of their practices by visiting the following links: Network Advertising Initiative, Omniture, Aperture, Digital Advertising Alliance and PrivacyChoice. Please note that opting out does not prevent the display of advertisements to you.

• Service Providers: Some of the services that are offered through the Site, such as dinner reservations and food delivery, may be provided by third-party providers. We also outsource some of Only Sky’s functions to third-party providers, such as technical and customer support, tracking and reporting functions, quality assurance testing, payment processing functions, and other services. We may share information from or about you with these third-party providers so that they can perform their services or complete your requests.

• Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements.

• Business Transfers: We may share information from or about you with subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honor this Privacy Policy. If another company acquires Only Sky or all or substantially all of our assets, that company will possess the same information, and will assume the rights and obligations with respect to that information as described in this Privacy Policy.

• Businesses or instructors on Only Sky: We may share information from or about you (such as your age and gender) and your use of the Site (such as which businesses or instructors you bookmark or call) with businesses or instructors on Only Sky. You may adjust your settings to increase or decrease the amount of information we share.

• Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Site; or (c) protect our rights, reputation, property, or that of our users, affiliates, or the public.

• Links: The Site may contain links to unaffiliated third party websites. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.

• Facebook and Twitter: If you are logged into Facebook, and you access but are not logged into the Site, we may receive information from Facebook to make it easier for you to create an account on the Site and show you relevant content from your Facebook friends. This information personalizes your experience and helps you create a Only Sky account. You can also connect your Only Sky account to your accounts on third party services like Facebook or Twitter, in which case we may collect and store information identifying your account with the third party service. We use the information to help you connect and share public content with your friends and followers.

4. CONTROLLING YOUR PERSONAL DATA

Other users may be able to identify you, or associate you with your account if you include personal information in the content you post publicly. You assume responsibility for what you post about yourself.

Please also note that the messages you send or receive using the Site are only private to the extent that both you and the sender/recipient keep them private. For example, we do not have any control over whether a recipient of one of your messages publicly posts it or its contents. Similarly, Only Sky may also access such messages in the course of investigations relating to Site use.

5. DATA RETENTION AND ACCOUNT TERMINATION

You can close your account by using the form at the bottom of this page. We will remove your public posts from view and/or dissociate them from your account profile, but we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Site or to comply with legal obligations. Please note that businesses or instructors cannot remove their business listings, ratings or reviews by closing their accounts.

6. CHILDREN

The Site is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact by using the form at the bottom of this page. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account.

7. SECURITY

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

8. DISPUTE RESOLUTION

If you believe that ActionSync has not adhered to this Privacy Policy you may contact us online by using the form at the bottom of this page.

Certainly, here's the revised section with the addition of Canada:

9. Jurisdiction

The information we obtain from or about you may be processed and stored in the United States or Canada, which may provide for different data protection rules than the country in which you reside. We comply with the EU & Swiss Safe Harbor Privacy Frameworks as set forth by the United States Department of Commerce regarding the collection, use, and retention of data from the European Union, Switzerland, and Canada. We have certified that we adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. We will respond to requests relating to personal data within 30 days. To learn more about the Safe Harbor program, and to view our certification, please visit http://export.gov/safeharbor.

10. MODIFICATIONS TO THIS PRIVACY POLICY

We may revise this Privacy Policy from time to time. If we make material changes to this Privacy Policy, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Privacy Policy.