Activity Partners Terms of Service (Updated: April 23, 2024)

Welcome to Activity Partners LLC! These Terms of Service govern your use of the Activity Partners website, www.activity.partners (the "Site"), and the Activity Partners mobile application (the "Application"), collectively referred to as the "Services," provided by Activity Partners LLC ("Activity Partners," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you may not use the Services.

Description of Service

Activity Partners LLC provides an online platform that connects individuals seeking local experiences ("Guests") with individuals offering local experiences ("Activity Partners"). Activity Partners LLC is not a party to any agreements entered into between Guests and Activity Partners. Activity Partners LLC does not own, control, manage, operate, or provide any local experiences or Activity Partners services. Activity Partners LLC is not a travel agency or tour operator.

Eligibility

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into and abide by these Terms of Service.

User Accounts

To access certain features of the Services, you must 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 password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.

Activity Partners Responsibilities

As an Activity Partner, you represent and warrant that you have the necessary skills, qualifications, and expertise to provide the local experiences or services you offer through the Activity Partners platform. You agree to provide local experiences or services in a professional, courteous manner and in compliance with all applicable laws and regulations. You agree to accurately describe your local experiences or services and to fulfill any commitments you make to Guests.

User Interaction and Conduct

You are solely responsible for your interactions with other Users, whether online or in person. Activity Partners LLC assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services. You agree to take reasonable precautions in all interactions with other Users and to conduct any necessary investigation before meeting another person. Activity Partners LLC is under no obligation to become involved in any disputes between Users but may do so at its own discretion.

For communications about bookings, all Users will be offered a private messaging facility. Such facility must be used in a professional, courteous manner and only in relation to local experiences. We reserve the right to monitor and suspend any User accounts we suspect of abusing the private messaging facility.

To enhance the quality of your connections and enable you to vet the people you meet via the Activity Partners platform, at your discretion, you may share your contact details, such as your phone numbers, emails, links to other sites, and social networks. However, we do encourage you to keep use the Activity Partners messaging facility to communicate with your contacts. In case you bypass the Activity Partners platform, you isolate yourself from safe payments, customer support in case of dispute, refund policies, and a trustful reputation through our review system. If necessary, your internal communication on Activity Partners can be reviewed by Activity Partners staff. This is to provide you better support should a conflict arise that requires escalation between you and another user.

You agree not to use the Services (i) to post or transmit any material which is or may be infringing on the intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libelous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal, or any material that could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party, or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction, (ii) to sell, promote, or advertise any product or service other than Activity Partners, (iii) to advertise sexual services, (iv) to advertise or promote any illegal product or service, and (v) to promote any political, ethnic, racial, or religious organization or belief.

When using the Site, Application, and our Services you shall not (i) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs, (ii) interfere with or disrupt the integrity or performance of the Site or Application or the data contained therein, or our servers or networks, (iii) attempt to gain unauthorized access to the Site or Application or its related systems or networks or to any other computer system or website, or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.

User Content

You are solely responsible for all User Content that you upload, post, publish, or display or email or otherwise use via the Services.

All User Content submitted by you on the Site or Application or via the Services will be considered non-confidential and non-exclusive. You grant to Activity Partners LLC a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner in all formats and distribution channels.

We reserve the right to monitor all User Content uploaded to the Site or Application at any time. We may decide, without notice to you, to remove, edit, or delete any User Content where we consider at our sole discretion that such User Content is either bogus or in breach of these Terms. If Activity Partners LLC chooses to monitor any User Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Content.

Permissions You Give to Us

As part of our agreement, you also give us permissions that we need to promote your local experience or service.

When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content in order to help promote and bring more traffic to your host page. You can end this license anytime by deleting your content or account. However, content will continue to appear if it was previously shared. To learn more about how we use information, and how to control or delete your content, review the Data Policy.

You give us permission to promote your services by using your first name, city, state/region, images, videos, and written content you’ve submitted on our platform without any compensation to you. For example, we may share your photos or write-ups on social media in order to encourage more people to find and book local experiences or services you are offering.

Subscription & Fees

We offer options for users to enhance their listings and connect with more people. There are 3 subscription options available on Activity Partners: An annual (12-month) verified member badge; A quarterly (3-month) featured listing; A quarterly (3-month) promoted listing.

Verified Member Options

Verified Member Badge Subscription: Users can subscribe to receive an Annual Verified Member Badge in which Activity Partners confirms the name, address, and phone number submitted by the user. The subscription for an annual member badge is $20 USD for one year. The payment method is a recurring subscription-based payment.

Lifetime Member badge: As an alternative to the annual subscription, users can purchase a Lifetime Member Badge in which Activity Partners LLC will confirm the users name, address, and phone number each year for the life of the account with no additional charges. The payment method is a one-time payment. The payment for an annual member badge is $60 USD paid just once for the lifetime of your account and is non-refundable.

Featured Listing Subscription

Users can subscribe to have their listings ranked at the top of their cities and receive premium visibility. Since many members desire to be ranked at the top of their city, we do not guarantee an exact position. Once you subscribe to this upgrade you will normally see your listing on the first page of your city within 24 hours. The subscription for the quarterly Featured Listing Upgrade is $10 USD for 3 months. The payment method is a recurring subscription-based payment.

Promoted Listing Subscription

Users can subscribe to have their listings ranked at the top of their cities and included in the featured activity partner rotation on the home page. Once you subscribe to this upgrade you will normally see your listing on the first page of your city and included in the home page rotation. Since many members desire to be home featured, profiles are rotated on an on-going basis at the discretion of Activity Partners and there is no guarantee as the exact amount of time your listing will be featured. The subscription for the quarterly Promoted Listing Upgrade is $25 USD for 3 months. The payment method is a recurring subscription-based payment.

When you initially subscribe you will be charged immediately for the initial period of the Subscription at the then-current fee. If you purchase an auto-recurring periodic subscription you will be billed continuously for the subscription until you cancel. Subscription automatically renews unless you send your cancellation request to support@activity.partners 24 hours before the end of the current period. By agreeing to a Subscription payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.

After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will simply need to send your cancellation request to support@activity.partners.

If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

WE MAY SUBMIT PERIODIC CHARGES FOR SUBSCRIPTION-BASED PAID SERVICES WITHOUT OBTAINING ANY FURTHER AUTHORIZATION FROM YOU, UNTIL YOU TERMINATE THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.

Auto-renewal for Subscriptions

Subscription you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To terminate your Subscription at any time you can contact customer service at: support@activity.partners. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

Cancelling a paid subscription

To cancel an ongoing, paid Subscription, please send a cancellation request to support@activity.partners. Once you have cancelled your subscription, Activity Partners LLC will stop billing you until and unless you re-subscribe under your account. Any and all fees paid and charges made prior to cancellation or termination of your account are nonrefundable. If you have a recurring monthly subscription, all subscription amounts previously paid – including the amount paid for the month in which the cancellation occurs – are non-refundable.

Termination

You agree that Activity Partners LLC, in its sole discretion, may suspend or terminate your User’s account (or any part thereof) or use of the Services and remove and discard any content within the Service, for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities.

We reserve the right to terminate your access to the site for any reason or no reason and may terminate your Membership upon sending notice to you at the email address you provide in your application for Membership or such other email address as you may later provide to us. If we terminate your Membership for breaching this Agreement, you will not be entitled to any refund of any unused fees. We reserve the right to use credit card processors or banks inside or outside the European Union to process your transactions. In some instances, your bank or credit card issuer may charge you a fee for foreign transactions. Before purchasing any service, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction fees.

In case of any violation of legal acts, committed during the process of payments concerning services of the Site, the User will be immediately restricted from using the Site and all relevant useful data about User’s personal identification information will be shared with legal authorities in cooperation for investigation.

Bookings

If you are a Visitor and wish to book an activity partner, you may do so either through the Site or Application. In case information provided in a Profile of a particular activity partner is not sufficient for you to decide on the activity or you have any special requests relating to the activity, you will be able to discuss this with the activity partner via private messaging facility. There is no cost to contact or book activity partners. For activity partners that choose to be prepaid for before you meet, there is a 14.5% booking fee. Alternatively, some activity partners enroll in a meet-n-pay program that allows you to pay for their services in the local currency at the time of your meeting. When this occurs, there is no booking fee.

If you are an activity partner and a booking is requested for your service through the Site or Application, you will be required to either confirm or reject the booking before the day of when the booking is requested. Otherwise, the booking request will be automatically canceled.

Pricing

An activity partner individually determines their hourly rate. Alternatively, an activity partner can also choose to provide a free service.

Before setting the activity hourly rate, the activity partner must evaluate the fees and any local taxes applied for providing activity services. The activity rate must include any such fees and taxes that the activity partner determines that he/she has to collect. The activity hourly rate displayed in the advertisement of a listing includes all fees and taxes and is final for the Visitor.

As an activity partner, you understand and agree that 100% of the amount paid for the activity will be considered as your personal income and taxes will be accounted for the entire initial amount.

Payment

Pre-payment: For activity partners that require pre-payment before you meet; A Visitor can make a payment once an activity partner accepts his booking. At the time of payment, a credit or debit card of the Visitor, who made the booking, is debited the full amount for the booking for activity partners that connect a listing to their Stripe payment processing account.

Meet-n-pay: Alternatively, activity partners that do not connect a Stripe account may accept payment in the local currency at the time of the activity.

Cancellations and Refunds

If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application, and Services, prior to the day of the activity, 100% of the Service Fee will be refunded to you. The same amounts shall be refunded to you in case an activity partner cancels a confirmed booking prior to the day of the activity. Any confirmed and paid booking cancellation must be initiated by contacting your activity partner directly via the messaging facility.

As a Visitor, you are also entitled to a refund of 100% of your booking payment in case an activity partner fails to arrive for the activity. As a Visitor, you have 24 hours after the end of the meeting to initiate a dispute. If as a Visitor you do not cancel your booking prior to the day of the activity the payment is not refundable.

Any refunds will be made by us within a commercially reasonable time of the cancellation or request for refund.

Limitation of Liability

We disclaim any and all liability to you for the supply of the Services we provide to you to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the amount of any service fee that we may have received in respect of which a claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.

We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of Site, Application and Services or for any services we may provide to you.

Your use of the Site, Application and Services is without any warranty or guarantee and is entirely at your own risk.

We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the Site and Application.

Indemnity

You agree to indemnify, defend, and hold harmless us from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of the Services and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or the rights of any third party.

Modification of Services

Activity Partners LLC reserves the right to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that Activity Partners LLC will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

Miscellaneous

These Terms constitute the entire and exclusive understanding and agreement between Activity Partners LLC and you regarding the Site, Application, and Services.

Activity Partners LLC may assign its rights and obligations under these Terms to any party at any time without notice to you.

Activity Partners LLC may use subcontractors to perform the Services. Such subcontracting parties shall comply with these Terms.

The use of the Services shall not create any joint venture, partnership, employment, or similar relations between you and Activity Partners LLC.

Activity Partners LLC reserves the right to revise these Terms at any time. Activity Partners LLC will inform you about any modification or change of these Terms by mail, on the Site or Application, via the Services, or by other means deemed appropriate and adequate by Activity Partners LLC. We will also indicate at the top of this page the date the Terms were last revised. By continuing to access or use the Site, Application, or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.

The failure of Activity Partners LLC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Services are rendered to you under and in accordance with United States Law. Any dispute between you and Activity Partners LLC is governed in all respects by United States Law.

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Activity Partners LLC (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.