Action Tour Guide T&C

June 10, 2025

These Terms & Conditions (“Terms”) govern your access to and use of Action Tour Guide’s website, mobile applications, and related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms.

1. Definitions

“Action Tour Guide,” “we,” “us,” or “our” refers to Action Tour Guide, Inc.
“You,” “user,” or “your” refers to the individual or entity accessing or using the Services.
“Content” means all audio, text, images, maps, code, and other materials provided through the Services.

2. Acceptance & Updates

Eligibility. You must be at least 13 years old to use the Services. Users aged 13–17 require verifiable parental or guardian consent.
Agreement to Terms. By registering, downloading, or using the Services, you confirm you meet eligibility requirements and accept these Terms.
Modifications. We may update these Terms at any time by posting a revised version with a new “Last Updated” date. Continued use after updates constitutes acceptance. If you disagree with a revision, stop using the Services.

3. User Accounts & Security

Registration. Certain features require creating an account with accurate, current information. You are responsible for safeguarding your login credentials and for all activities under your account.
Termination. We may suspend or terminate your account or access to the Services, in whole or in part, at our discretion and with or without notice.

4. Intellectual Property & License

Ownership. All Content and intellectual‑property rights are owned by Action Tour Guide or its licensors and are protected by copyright, trademark, and other laws.
License Grant. We grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Services for personal, non‑commercial purposes.
Restrictions. You may not modify, distribute, sell, sublicense, reverse engineer, or create derivative works of any Content without our prior written consent.

5. User‑Generated Content

Ownership. You retain ownership of any reviews, comments, photos, or other materials you submit (“User Content”).
License to Us. You grant us a perpetual, irrevocable, royalty‑free license to use, reproduce, modify, publish, and distribute your User Content in connection with the Services.
Warranties. You warrant that your User Content is lawful and does not infringe any third‑party rights.

6. Payments, Pricing & Refunds

Pricing. Tour prices and fees are displayed in the app or on our website and may change at our discretion.
Payment Processing. Transactions are handled by secure, PCI‑DSS‑compliant third‑party platforms (e.g., Apple App Store, Google Play).
Refund Policy.
- Change‑of‑Mind. Full refund if requested within 24 hours of purchase.
- Technical Issues. If a verified technical issue prevents access, contact support within seven (7) days for a possible refund or credit.
- Discretion. All refund requests are evaluated at our sole discretion and processed via the original payment method.

7. User Conduct & Equipment

Your Responsibility. You must provide and maintain your device, internet connection, and any required data plans.
Safety. Use caution when walking or driving with the app. You are responsible for following all applicable laws and ensuring your own safety.
Prohibited Conduct. You may not:
- Disrupt or interfere with the Services or associated networks.
- Use automated means (bots, scrapers) to access the Services.
- Violate any applicable law or third‑party rights.

8. Data Protection & Compliance

We collect and process personal data to operate and improve the Services in accordance with applicable data‑protection laws (e.g., GDPR, CCPA).

Data Collected. Account details (name, email), usage and analytics data, device identifiers, and location information (with consent).
Legal Bases. Performance of contract, legitimate interests, and user consent where required.
Sharing. We do not sell personal data. We share information with service providers necessary to deliver the Services and with authorities when legally required.
User Rights. You may request access, correction, deletion, restriction, portability of your personal data, or withdraw consent where applicable.
Children’s Data. We do not knowingly collect personal data from children under 13. If we learn that we have done so, we will delete such data promptly.
Retention. Personal data is retained only as long as necessary to fulfill the purposes outlined in these Terms or as required by law.

9. Disclaimers & Warranties

“As‑Is” Service. The Services are provided “as is” and “with all faults.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement.
Accuracy. While we strive for accurate Content, we do not guarantee its completeness or suitability for your needs.

10. Limitation of Liability

To the maximum extent permitted by law, Action Tour Guide and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use or inability to use the Services. Our total liability will not exceed the amount you paid for the relevant tour.

11. Indemnification

You agree to indemnify and hold harmless Action Tour Guide, its officers, employees, and agents from any claims, liabilities, damages, or expenses (including attorneys’ fees) arising from your use of the Services, violation of these Terms, or infringement of any rights of others.

12. Third‑Party Software & Links

The Services may contain links to third‑party websites or integrate third‑party software. We do not control and are not responsible for third‑party content, privacy practices, or terms of use. You access third‑party offerings at your own risk.

13. Dispute Resolution

Informal Resolution. We encourage you to contact us first to resolve any dispute informally.
Mediation. If unresolved within 60 days, disputes will be submitted to mediation in Bristol, Rhode Island, under AAA consumer rules.
Arbitration. If mediation fails, disputes will be resolved by binding arbitration administered by the AAA in Bristol, RI.
Class‑Action Waiver. You and we waive any right to participate in class or collective arbitrations.
Final Decision. The arbitrator’s decision is final and enforceable in court.

14. Force Majeure

Neither party is liable for failure or delay caused by events beyond reasonable control, such as natural disasters, government actions, or network failures.

15. Severability & Non‑Waiver

If any provision is found unenforceable, the remainder of these Terms remains in full force. Our failure to enforce any right is not a waiver of that right.

16. Assignment

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

17. Governing Law & Venue

These Terms are governed by the laws of Rhode Island, without regard to its conflict‑of‑law principles. Any litigation outside of arbitration will be in state or federal courts in Rhode Island.

18. Electronic Communications

By providing your contact information, you consent to receive electronic communications from us regarding the Services. You may opt out by contacting support@actiontourguide.com.