Terms of Service

1. Acceptance of Terms

By accessing or using Park Sync ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. These Terms apply to all users, including park administrators and players.

We may update these Terms from time to time. For non-material changes (clarifications, formatting, typo fixes), we will post the revised Terms here with a new "Last updated" date. For material changes (changes that expand your obligations, reduce your rights, or alter the arbitration clause in Section 11), we will give registered users at least 30 days' advance notice by email and require you to affirmatively accept the revised Terms the next time you sign in. If you do not accept, you may close your account before the change takes effect and the old Terms will govern any dispute that accrued during your account's active period.

Order of precedence. If you are a party to separate Park Sync Services Agreement ("MSA") or Data Processing Addendum with Park Sync, LLC, the terms of that agreement control in the event of any conflict with these Terms. These Terms apply to matters not addressed in your MSA or DPA, and to end-user players who are not parties to any MSA.

2. The Service — What Park Sync Is and Isn't

Park Sync is a B2B SaaS reservation and payment platform for paid parks and clubs offering bookable time blocks across multiple sports (tennis, pickleball, padel, basketball, and other court and field sports). We provide software tools that allow parks and their operators ("Park Operators") to manage reservations and collect payments from players ("Players").

Park Sync is not a party to the reservation contract between a Park Operator and a Player. We are a technology intermediary. We do not own, operate, manage, or control any courts, fields, or facilities. All decisions regarding availability, pricing, cancellation rules, and access policies are made by the Park Operator. Disputes about whether a cancellation qualifies for a refund, or whether a Park Operator has honored its posted policy, must be resolved with the Park Operator directly (see the Refund Policy for the escalation path).

3. User Accounts

To use the Service you must create an account. You agree to provide accurate, complete information and to keep your credentials secure. You are responsible for all activity that occurs under your account.

Eligibility. You must be at least 18 years of age (or the age of majority in your jurisdiction, if older) to create a Park Sync account. The Service is not directed to children under 13. Where a Park Operator offers a program that includes minors (for example, a junior clinic), the booking adult — a parent or legal guardian — must create the account, provide the minor's roster information, and supply any consents required under COPPA or applicable state law. See Section 9 of the Privacy Policy.

Players may register via email magic link or Google OAuth. Players are responsible for ensuring their reservation requests comply with the Park Operator's posted rules.

Park Operators must complete Stripe Connect onboarding before accepting payments. Each Park Operator is solely responsible for maintaining accurate court availability, pricing, and cancellation policies. Each individual signing on behalf of a Park Operator represents that they have authority to bind the Park Operator entity to these Terms and to the applicable Services Agreement.

4. Payments

All payments are processed through Stripe. By completing a booking, you agree to Stripe's Terms of Service.

Park Sync charges a 5% platform fee on each completed booking, collected automatically via Stripe Connect's application_fee_amount. Stripe processing fees are passed through to the Park Operator in accordance with their Stripe Connect agreement.

When a booking is refunded, the 5% platform fee is returned automatically. Park Sync does not retain any platform fee on a refunded booking. Refund eligibility is governed by the Park Operator's cancellation policy as displayed at time of booking.

5. Prohibited Use

You may not:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to any part of the Service or its related systems.
• Scrape, crawl, or systematically extract data from the Service without written permission.
• Misrepresent your identity or affiliation with any person or entity.
• Use the Service to transmit spam, phishing content, or other unsolicited communications.
• Circumvent, disable, or interfere with security features of the Service.
• Resell or sublicense access to the Service without explicit written consent from Park Sync.

6. Intellectual Property

The Service, including all software, design, text, and graphics, is owned by Park Sync and protected by applicable intellectual property laws. Nothing in these Terms grants you any right or license to use Park Sync's trademarks, logos, or proprietary technology.

Park Operators retain ownership of all content they upload or submit to the Service, including court photos, descriptions, and pricing. By submitting content, you grant Park Sync a non-exclusive, royalty-free license to display and distribute that content solely for the purpose of operating the Service.

7. Limitation of Liability

To the fullest extent permitted by law, Park Sync and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Service.

Our aggregate liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the total fees paid by you to Park Sync in the twelve months preceding the claim, or (b) one hundred US dollars ($100). For Park Operators that have executed a Park Sync Services Agreement, the liability caps and carve-outs in that signed Services Agreement (including, where applicable, the customer-data-breach carve-out and indemnification provisions) control over this paragraph per the order of precedence in Section 1.

The Service is provided "as is" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Nothing in this Section limits liability that cannot be limited under applicable law (including, where applicable, gross negligence, willful misconduct, and statutory consumer rights).

AI-generated output. Where Park Sync presents output generated by large-language-model inference (see Section 8 of the Privacy Policy), that output is provided for convenience only, may be inaccurate or incomplete, and is not a substitute for your own judgment. AI-generated output is clearly labeled wherever it appears. Park Sync disclaims, to the fullest extent permitted by law, any warranty that AI-generated output is accurate, complete, current, or fit for any particular purpose; you are responsible for reviewing AI output before relying on it or acting on it.

8. Your Indemnity to Park Sync

You will indemnify, defend, and hold harmless Park Sync and its officers, directors, employees, and agents from any third-party claim, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising from:

• Your violation of these Terms or of any applicable law or regulation.
• Your User Content, including any claim that your User Content infringes a third party's intellectual-property, privacy, or publicity rights.
• Your misuse of the Service, including any circumvention of technical controls or any scraping, crawling, or automated access in violation of Section 5.
• If you are a Park Operator, any dispute between you and a Player concerning refunds, cancellations, access rights, or injuries sustained at your facility.

This indemnity does not apply to the extent a claim is caused by Park Sync's own gross negligence or willful misconduct. Park Sync will provide prompt written notice of any claim and may participate in the defense at its own expense; you may not settle any claim that imposes non-monetary obligations on Park Sync without Park Sync's prior written consent.

9. Copyright and DMCA Takedown

Park Sync respects intellectual-property rights and responds to clear notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA").

To submit a DMCA notice, email our designated copyright agent at dmca@parksync.net with: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and sufficient information to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act. Park Sync may remove material in response to a conforming notice. We honor counter-notices per 17 U.S.C. § 512(g) and terminate repeat infringers in appropriate circumstances. Agent for notice: Park Sync, LLC, Attn: DMCA Agent, c/o the registered agent for service of process on file with the California Secretary of State; dmca@parksync.net. Registration of Park Sync's designated agent with the U.S. Copyright Office under 17 U.S.C. § 512(c)(2), including the designated-agent street address and phone number required by the registration, is in progress; until that registration issues and is posted by the Copyright Office Directory, this notice pathway is offered as a cooperative courtesy and does not itself establish the safe harbor. Once registered, the full designated-agent contact details will be updated in this Section.

10. Account Suspension and Termination by Park Sync

Park Sync may suspend or terminate your access to the Service, in whole or in part, with or without notice, if we reasonably believe that: (a) you have materially violated these Terms, or materially violated a Park Operator policy that was clearly displayed to you through the Service at the time of booking and that the Park Operator has formally escalated to Park Sync in writing for enforcement; (b) your use creates a material security, legal, or reputational risk for Park Sync or its users; (c) an account-security compromise has occurred; (d) continued provision would cause Park Sync to violate applicable law or a Stripe, Supabase, or other subprocessor requirement; or (e) your account has been inactive for more than 24 months.

Where circumstances permit, we will give advance notice and a reasonable opportunity to cure. Termination does not relieve you of fees already accrued. On termination, we will retain financial records as described in the Privacy Policy and will delete or de-identify other data on the schedule in that policy. Sections 5, 7, 8, 9, 11, 12, and 13 survive termination.

11. Dispute Resolution, Arbitration, and Class-Action Waiver

Please read this section carefully — it affects your legal rights. You and Park Sync agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved by binding individual arbitration rather than in court, except as set out below.

Informal resolution. Before initiating arbitration, you and Park Sync will try in good faith to resolve the Dispute informally for at least 30 days after written notice to legal@parksync.net (for claims against Park Sync) or to the email address associated with your account (for claims by Park Sync).

Arbitration. Arbitration will be administered by JAMS under its Streamlined Arbitration Rules, seated in Orange County, California, before a single arbitrator. The arbitrator has authority to award any remedy available in court. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

Class-action waiver. YOU AND PARK SYNC WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed from arbitration and proceed in the courts named in Section 12; the remaining claims will be arbitrated.

Arbitration fees. For any claim by or against an individual Player or an individual Park Operator signatory where the amount in controversy does not exceed US $10,000, Park Sync will pay the JAMS filing, administrative, and arbitrator fees to the extent required by the JAMS Consumer Minimum Standards, regardless of which party commences the arbitration. For all other Disputes, fees are allocated per the JAMS Streamlined Arbitration Rules. Nothing in this paragraph limits the arbitrator's authority to award attorneys' fees or costs where permitted by law. If a court of competent jurisdiction finds this fee allocation substantively unconscionable, the allocation will be reformed to the minimum extent necessary to be enforceable.

Carve-outs. Either party may bring an individual action in small-claims court for a claim that qualifies, or seek equitable relief in court to prevent misuse of intellectual property or a breach of confidentiality. These carve-outs are not a waiver of the arbitration agreement for other claims.

Mass filings and batching.If twenty-five (25) or more substantially similar demands for arbitration are filed against Park Sync by or with the coordination of the same counsel or coordinated group within a thirty-day window, those demands will be administered as a single coordinated proceeding and resolved in sequential bellwether batches of up to fifty (50) claimants. The Parties will work with JAMS to select a reasonable number of bellwether cases (not more than ten (10) per batch) for early adjudication, toll the statute of limitations for the remaining claimants during batching, and hold a mandatory mediation after each bellwether batch. If a court of competent jurisdiction finds this batching provision unenforceable as to any claim, the remainder of Section 11 still applies; only the batching mechanism will be severed. This provision does not limit the JAMS Consumer Minimum Standards fee allocations described above, and Park Sync will continue to pay its allocated share of fees even during batching. Nothing in this paragraph shall be construed to require a claimant to waive or indefinitely delay any right granted under the JAMS Consumer Minimum Standards or applicable law, and the statute-of-limitations toll provided in this paragraph is for the claimant's benefit.

Opt out. You may opt out of this arbitration agreement by emailing legal@parksync.net within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out" and your account email. Opting out does not affect any other term of these Terms.

12. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles. For any claim not subject to arbitration under Section 11 (including severed claims, IP-protection actions, and small-claims actions), venue lies exclusively in the state or federal courts located in Orange County, California, and you consent to personal jurisdiction in those courts.

13. General

Force majeure. Neither party is liable for failure to perform due to causes beyond its reasonable control (natural disaster, war, terrorism, civil unrest, pandemic, utility or internet outage, or governmental action), provided the affected party gives prompt notice and uses commercially reasonable efforts to mitigate. Payment obligations already accrued are not excused.

Assignment. You may not assign these Terms without Park Sync's prior written consent. Park Sync may assign these Terms to an affiliate or to a successor in a merger, acquisition, or sale of substantially all of its assets.

Notices. Notices to Park Sync must be sent to legal@parksync.net. Notices to you will be sent to the email address on your account and are deemed given on confirmed delivery.

Severability and waiver. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions remain in full effect. Failure to enforce any provision is not a waiver.

Entire agreement. These Terms, together with the Privacy Policy, the Refund Policy, the DPA (for Park Operators), and any Services Agreement between Park Sync and a Park Operator, constitute the entire agreement between you and Park Sync concerning the Service and supersede prior agreements on the same subject. The order of precedence for conflicts is set in Section 1.

14. Contact

The Service is operated by Park Sync, LLC, a Delaware limited liability company qualified to do business in California. Questions about these Terms? Reach us at hello@parksync.net. Legal notices: legal@parksync.net.