These Terms and Conditions (the "Terms") form a legal agreement between SkiCircle, including its affiliates and representatives ("SkiCircle," "we," "us," or "our"), and each person who accesses or uses the SkiCircle website, mobile application, platform, software, content, communications, payment features, safety tools, and related services (collectively, the "Service").
1. Agreement to These Terms
1.1 Binding agreement. By creating an account, accessing the Service, clicking to accept, joining a circle, sending a message, creating an event, arranging a carpool, buying a subscription, or otherwise using SkiCircle, you agree to these Terms and to any feature-specific rules, community standards, payment terms, and policies referenced in these Terms.
1.2 Additional policies. Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information. Community standards, safety guidelines, fee schedules, subscription terms, promotional rules, and app-store terms may also apply.
1.3 Quebec and consumer rights. Nothing in these Terms limits rights that cannot be limited under applicable law, including Quebec consumer-protection rules, Quebec privacy rules, Quebec language rights, and statutory rights relating to bodily or moral injury.
1.4 Changes. We may update these Terms as described in Section 23. If a change requires your consent, we will seek consent in the manner required by law.
2. Definitions
2.1 "Circle" means a user-created or SkiCircle-created group, ski day, resort plan, backcountry plan, social meetup, message thread, event page, ride-coordination page, or other shared space within the Service.
2.2 "Host" means a user who creates, organizes, moderates, or advertises a Circle, event, meetup, route, group chat, or carpool opportunity. A Host is an independent user unless SkiCircle expressly states otherwise in writing.
2.3 "User Content" means profile details, names, handles, photos, videos, messages, reviews, resort reports, route descriptions, comments, trip plans, carpool details, emergency notes, and other content submitted, posted, transmitted, or made available by users.
2.4 "Cost-sharing carpool" means a private user-to-user arrangement where passengers voluntarily contribute to reasonable direct trip expenses, such as fuel, tolls, parking, vehicle charging, and similar trip costs, without commercial profit to the driver.
2.5 "Snow-sport activity" means skiing, snowboarding, snowshoeing, touring, splitboarding, cross-country skiing, resort skiing, park riding, racing, backcountry travel, avalanche-terrain travel, social resort activity, and related transportation, equipment handling, and outdoor activity.
3. What SkiCircle Is and Is Not
3.1 Platform role. SkiCircle provides technology that helps users discover, communicate, coordinate, and document snow-sport activities. Users decide whether to meet, ski, ride, travel, drive, share costs, join events, follow routes, rely on content, or interact with others.
3.2 No employment, agency, partnership, or carrier relationship. Hosts, drivers, passengers, guides, instructors, organizers, and other users are independent from SkiCircle. SkiCircle does not employ, supervise, dispatch, control, endorse, or act as agent for users.
3.3 No resort, guide, instructor, emergency, or transportation service. SkiCircle does not operate ski resorts, provide ski patrol, provide medical rescue, sell lift tickets unless expressly stated through a third-party integration, inspect equipment, assess avalanche conditions, certify ability levels, teach ski skills, guide users, carry passengers, or provide regulated transportation services.
3.4 No guarantee of users or conditions. We do not guarantee a user's identity, character, skill, experience, fitness, equipment, insurance, licence, vehicle condition, driving ability, payment ability, criminal history, availability, punctuality, or legal compliance. We do not guarantee snow conditions, weather, road conditions, resort operations, trail openings, avalanche forecasts, map accuracy, cellular coverage, or emergency response times.
3.5 Trust and safety features are aids. Verification badges, reviews, ratings, profile prompts, reports, moderation tools, location features, and safety reminders are signals and tools. They are not guarantees. You remain responsible for independent judgment before meeting, riding, driving, sharing a vehicle, or sharing personal information.
4. Eligibility, Accounts, and Accurate Information
4.1 Age requirement. You must be at least 18 years old and legally able to enter into these Terms. The Service is not intended for minors. Do not create an account for a person under 18, permit a person under 18 to use your account, or arrange for an unaccompanied minor to use a SkiCircle Circle or carpool.
4.2 Account accuracy. You must provide accurate, current, and complete information and keep it updated. You may not impersonate another person, misrepresent your identity, create misleading profiles, or use another person's photos without permission.
4.3 Account security. You are responsible for activity under your account. Keep credentials confidential. Notify us immediately at hello at skicircle dot ca if you suspect unauthorized access.
4.4 One personal account. Unless SkiCircle authorizes a business, resort, instructor, guide, club, or organization account in writing, you may maintain only one personal account.
4.5 Business and professional users. Guides, instructors, resorts, clubs, shops, photographers, transportation providers, tour operators, and commercial organizers may use the Service only if they comply with all licensing, insurance, tax, consumer-protection, advertising, resort, park, and safety requirements and only with SkiCircle's written permission where required by the Service.
5. Snow-Sport, Outdoor, Road, and Stranger-Safety Risks
5.1 Inherent risks. Snow-sport activity involves serious and sometimes unpredictable risks, including falls, collisions, terrain traps, tree wells, avalanches, changing weather, hypothermia, frostbite, altitude illness, equipment failure, lift incidents, road accidents, poor visibility, alcohol or drug impairment by others, lost persons, delayed rescue, interactions with strangers, assault, harassment, theft, fraud, and death.
5.2 Voluntary participation. To the fullest extent permitted by applicable law, you voluntarily assume the risks associated with your own snow-sport activity, travel, equipment, communications, meetings, carpools, routes, decisions, and interactions with other users. This risk allocation does not limit liability or rights where applicable law prohibits limitation, including for bodily or moral injury in Quebec.
5.3 No substitute for professional judgment. Information on the Service may be incomplete, stale, inaccurate, user-generated, automated, or affected by weather and connectivity. Do not rely on the Service as your sole source for avalanche forecasts, trail status, resort rules, lift operations, weather warnings, road conditions, medical advice, legal advice, or emergency instructions.
5.4 Backcountry and out-of-bounds travel. Backcountry, sidecountry, out-of-bounds, closed-terrain, and avalanche-terrain activity can be especially dangerous. You are responsible for proper training, partners, permits, rescue plan, communications, transceiver, shovel, probe, map, navigation, weather assessment, avalanche forecast, and compliance with closures, resort rules, park rules, and local laws. SkiCircle may restrict, remove, or report content that promotes illegal access, unsafe conduct, or evasion of closures.
6. Your Independent Safety Responsibilities
6.1 Before meeting or riding with others. Use independent judgment. Review profiles, messages, reviews, mutual contacts, public meeting locations, trip plans, transportation details, and red flags. Tell a trusted person where you are going. Meet in public when practical. Leave any situation that feels unsafe.
6.2 Skill and route honesty. Represent your ability, pace, equipment, terrain preferences, health constraints, and risk tolerance accurately. Do not pressure others into terrain, speeds, jumps, alcohol or drug use, transport, lodging, or social situations they did not choose.
6.3 Equipment and preparedness. You are responsible for suitable equipment, clothing, helmet choice, lift ticket or pass, insurance, identification, medication, phone battery, emergency contacts, and compliance with resort, park, and local rules.
6.4 Driving and travel. Drivers are responsible for legal authority to drive, licence status, insurance, vehicle condition, winter driving preparation, seat belts, tire and equipment requirements, safe loading of skis and boards, sobriety, and compliance with all laws. Passengers must use seat belts, respect the driver's vehicle, avoid distracting the driver, and leave a ride if they reasonably believe it is unsafe.
6.5 Emergencies. SkiCircle is not an emergency service. In an emergency, contact local emergency services, ski patrol, resort staff, park authorities, or law enforcement directly. Reports submitted inside the Service may not be reviewed immediately.
7. Community Rules and Prohibited Conduct
7.1 Respect and safety. You must treat others lawfully and respectfully. Prohibited conduct includes harassment, threats, stalking, sexual misconduct, hate speech, intimidation, doxxing, exploitation, non-consensual intimate content, violence, coercion, unsafe driving, theft, fraud, extortion, illegal drug activity, weapon misuse, and conduct that endangers others.
7.2 No unlawful or deceptive conduct. You may not use the Service to violate laws, resort rules, park rules, transportation laws, privacy rights, intellectual-property rights, consumer-protection rules, advertising rules, sanctions, or the rights of others.
7.3 No spam or manipulation. You may not send unsolicited commercial messages, scrape user data, create fake reviews, manipulate ratings, use bots, harvest contact information, evade moderation, test security without permission, or interfere with the Service.
7.4 No risky or illegal event promotion. You may not promote illegal access, closed terrain, trespass, evasion of lift tickets or passes, dangerous dares, intoxicated skiing or driving, street racing to resorts, unsafe roof-rack loading, or activity that reasonably appears likely to cause harm.
7.5 Enforcement. We may remove content, restrict features, suspend accounts, cancel events, block payments, preserve records, notify affected users, contact authorities, or take other reasonable steps where we believe safety, legal compliance, platform integrity, or user trust requires it.
8. Circles, Ski Days, Events, Hosts, and Meetups
8.1 Hosts are responsible. Hosts must provide accurate descriptions, meeting points, timing, terrain, pace, skill expectations, costs, cancellation terms, gear expectations, transportation expectations, safety limitations, and any professional or commercial status.
8.2 No SkiCircle control. Unless SkiCircle expressly labels an event as an official SkiCircle event, SkiCircle does not organize, supervise, guide, lead, monitor, inspect, or control Circles, events, routes, rides, restaurants, lodging, or resort activity.
8.3 Event changes and cancellations. Weather, roads, avalanche risk, resort operations, illness, injuries, vehicle issues, and other conditions may require cancellation or changes. Hosts and participants must communicate promptly and prioritize safety.
8.4 Commercial events. Commercial instruction, guiding, photography, rentals, tours, transportation, lodging, competitions, brand activations, and paid events require all licences, permits, insurance, tax compliance, consumer disclosures, and SkiCircle authorization where required by the Service.
8.5 Reviews and ratings. Reviews must be truthful, based on actual experience, lawful, relevant, and respectful. We may remove reviews that appear fake, retaliatory, defamatory, discriminatory, privacy-invasive, unsafe, or unrelated.
9. Carpool and Ride-Coordination Rules
9.1 User-to-user arrangement. SkiCircle may allow users to post, request, or coordinate cost-sharing carpools. Any ride is a private arrangement between driver and passengers. SkiCircle does not provide transportation, operate vehicles, employ drivers, dispatch rides, set routes, inspect vehicles, verify insurance, or assume carrier obligations.
9.2 Cost-sharing only. Drivers may collect only reasonable contributions to direct trip expenses, such as fuel, charging, tolls, parking, and similar trip costs, unless SkiCircle has expressly authorized a licensed commercial transportation arrangement. Drivers may not use SkiCircle to operate a taxi, rideshare, bus, shuttle, limousine, paid courier, package-delivery, or profit-making transportation service.
9.3 Driver obligations. Drivers must hold a valid licence, maintain legally required insurance, comply with vehicle registration and inspection rules, drive sober, comply with speed and traffic laws, use legally required tires and safety equipment, secure skis and boards, maintain adequate visibility, use seat belts for every occupant, and refuse trips they cannot safely complete.
9.4 Passenger obligations. Passengers must disclose material baggage and ski gear needs, arrive on time, use seat belts, avoid distracting the driver, respect vehicle rules, pay agreed cost shares through the approved method, and refrain from intoxication or conduct that makes travel unsafe or unlawful.
9.5 Insurance and legal status. Carpooling may affect insurance coverage, vehicle warranties, permits, tax treatment, and legal obligations. Drivers and passengers are responsible for confirming their own coverage and legal status before arranging or accepting a ride.
9.6 Accidents and disputes. SkiCircle is not responsible for traffic accidents, injuries, vehicle damage, theft, delays, missed lift tickets, missed lodging, lost gear, payment disputes, or user misconduct arising from a ride, except where liability cannot be excluded or limited by law. Users must cooperate with insurers, police, and emergency responders when required.
9.7 No unsafe rides. Users must cancel, leave, or refuse a ride where they reasonably believe the driver, passenger, vehicle, road, weather, loading, sobriety, or route is unsafe. Safety takes priority over punctuality, fees, ratings, and social pressure.
10. Payments, Fees, Subscriptions, Taxes, and Refunds
10.1 Fees. SkiCircle may charge fees for subscriptions, paid features, event tools, boosts, identity verification, payment processing, platform services, or other features. Fees will be shown before purchase where required by law.
10.2 All-in price disclosures. Where SkiCircle advertises or displays a price to Canadian users, it will use commercially reasonable efforts to show mandatory fees clearly and avoid promoting prices that are unattainable because of mandatory non-government charges.
10.3 Taxes. Fees may include or exclude applicable taxes depending on the display, jurisdiction, and payment flow. Taxes will be collected or remitted as required by law.
10.4 Payment providers. Payments may be processed by third-party providers such as Stripe, Apple App Store, Google Play, or another provider. Their terms and privacy policies may apply. SkiCircle does not store full payment-card numbers unless expressly stated.
10.5 Subscriptions and renewals. If you buy an auto-renewing subscription, it renews at the disclosed interval until cancelled. Cancellation steps, renewal notices, refund eligibility, trial terms, and billing management may depend on whether you purchased through SkiCircle, Apple, Google, or another provider.
10.6 Refunds. Except where required by law or expressly stated in a feature-specific policy, fees are non-refundable after purchase, use, event start, subscription renewal, or account suspension for breach. Quebec and other consumer-protection laws may provide mandatory cancellation or refund rights.
10.7 No circumvention. You may not use SkiCircle to discover users, events, rides, or commercial opportunities and then circumvent SkiCircle fees, safety features, payment rules, or reporting tools where SkiCircle requires use of approved systems.
10.8 Chargebacks and failed payments. We may suspend paid features, recover amounts owed, reverse credits, or restrict accounts following failed payments, chargebacks, fraud, or payment-provider requirements, subject to mandatory consumer rights.
11. Identity Verification, Trust Features, and Safety Reports
11.1 Optional and feature-specific verification. SkiCircle may offer or require account verification, phone verification, email verification, government-ID checks, selfie checks, payment verification, reviews, mutual connections, or other trust features for certain users or features.
11.2 No guarantee. Verification confirms only the specific information checked at the time of review. It does not guarantee that a person is safe, honest, insured, licensed, sober, skilled, available, or legally compliant.
11.3 Third-party vendors. Verification may be handled by service providers. Additional consents, privacy notices, and retention periods may apply. If biometric verification is used, SkiCircle will seek express consent and provide legally required notices before collection.
11.4 Safety reports. You may report misconduct, unsafe behaviour, harassment, fraud, dangerous driving, ski incidents, privacy violations, copyright violations, or other concerns. Reports must be truthful and made in good faith. We may review messages, content, location records, payment records, device data, and other relevant information in connection with a report, subject to our Privacy Policy and applicable law.
11.5 Cooperation with authorities. Where reasonably necessary or legally required, we may preserve and disclose information to law enforcement, emergency responders, ski patrol, resorts, payment providers, insurers, or affected users to prevent harm, investigate misconduct, respond to legal process, enforce rights, or protect safety.
12. User Content, Photos, Reviews, and Ski Conditions
12.1 Your responsibility. You are responsible for User Content you submit or make available. You represent that you have all rights, permissions, and consents necessary to submit the content and to grant the licence in these Terms.
12.2 Content licence to SkiCircle. You grant SkiCircle a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to host, store, reproduce, display, perform, publish, distribute, modify, translate, excerpt, analyze, moderate, promote, and create derivative works from User Content for operating, improving, securing, marketing, and providing the Service. This licence continues for as long as reasonably necessary for those purposes, including backups, legal compliance, safety investigations, transaction records, and content shared with other users before deletion.
12.3 Moral rights. To the extent permitted by law, you waive and agree not to assert moral rights against SkiCircle and its service providers, sublicensees, and users in connection with uses permitted by these Terms.
12.4 Photos and videos of others. Before uploading photos, videos, recordings, or identifying details of another person, you must have their permission where required by law and by reasonable expectations of privacy. You may not upload intimate images, private-location images, accident images, medical images, minors' images, or embarrassing images without proper consent and legal authority.
12.5 Ski condition reports. User reports about snow, visibility, avalanche signs, lift lines, closures, trail status, traffic, parking, or resort conditions may be wrong or outdated. Submit reports in good faith. Do not post reports that encourage illegal access, unsafe conduct, or evasion of resort or park rules.
12.6 Removal. We may remove, restrict, demote, label, or preserve User Content where we believe it violates these Terms, infringes rights, creates risk, triggers legal obligations, or harms the Service.
13. Copyright, Trademark, and Notice Procedure
13.1 Respect for intellectual property. You may not upload or use content that infringes copyright, trademark, privacy, publicity, moral rights, trade secrets, or other rights. This includes resort trail maps, professional photos, logos, music, videos, guidebooks, avalanche bulletins, paid forecasts, and screenshots unless you have permission or a lawful basis.
13.2 Copyright notices. If you believe content on SkiCircle infringes your copyright, send a notice to hello at skicircle dot ca containing: (a) your legal name and contact details; (b) identification of the copyrighted work; (c) the URL, username, content ID, or other information needed to locate the material; (d) a statement that you believe the use is unauthorized; (e) a statement that your notice is accurate; and (f) your physical or electronic signature.
13.3 Canadian notice-and-notice. Where Canadian notice-and-notice rules apply, SkiCircle may forward notices to the relevant user and preserve records as required or appropriate. A notice is not a court order. Users remain responsible for responding to rights-holders and legal proceedings.
13.4 Repeat infringers. We may suspend or terminate accounts that repeatedly infringe rights or repeatedly submit improper notices.
13.5 Trademarks. SkiCircle names, logos, icons, badges, trust marks, feature names, and visual elements may not be used without permission. Do not imply affiliation, sponsorship, endorsement, or verification unless SkiCircle expressly authorizes it.
14. SkiCircle Intellectual Property and Anti-Copying Protections
14.1 SkiCircle property. The Service, software, design, interface, workflows, matching logic, trust and safety taxonomy, event templates, badges, copy, compilations, databases, icons, analytics, documentation, and legal materials are owned by SkiCircle or its licensors and are protected by intellectual-property and unfair-competition laws.
14.2 Limited licence. SkiCircle grants you a limited, revocable, non-exclusive, non-transferable licence to use the Service for personal, lawful, non-commercial purposes, or for authorized business purposes approved by SkiCircle.
14.3 No copying for competitive use. Competitors, market researchers acting for competitors, product-development teams, and automated systems may not access the Service to copy features, collect pricing, reproduce workflows, build or train competing products, benchmark trust-and-safety systems, harvest user content, or copy substantial portions of SkiCircle legal documents, design, data, taxonomy, or user experience without SkiCircle's written permission.
14.4 Technical restrictions. You may not scrape, crawl, index, frame, mirror, reverse engineer, decompile, bypass access controls, use unauthorized APIs, overload systems, remove proprietary notices, create derivative databases, train machine-learning systems on Service content, or use robots or scripts except as permitted by a written agreement or public robots instructions.
14.5 Feedback. If you provide ideas, suggestions, or feedback, you grant SkiCircle a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction or compensation, subject to our Privacy Policy for personal information.
15. Third-Party Services, Resorts, Weather, Maps, Lift Tickets, and Links
15.1 Third-party content. The Service may display or link to third-party maps, weather, avalanche forecasts, resort information, lift-ticket sellers, payment providers, identity providers, analytics providers, app stores, social networks, messaging tools, or other services. Third-party terms and privacy policies apply.
15.2 No endorsement. SkiCircle does not guarantee third-party content or services. Resort names, trail names, brand names, and maps may be owned by third parties and are used for identification or integration purposes only.
15.3 User responsibility. You are responsible for lift tickets, passes, parking reservations, permits, lodging, equipment rentals, lessons, guides, insurance, and travel documents. SkiCircle is not responsible for third-party cancellations, outages, pricing, closures, or errors.
16. Privacy
16.1 Privacy Policy. Our Privacy Policy is part of these Terms. By using the Service, you acknowledge that SkiCircle will collect, use, disclose, retain, and protect personal information as described in the Privacy Policy and as otherwise permitted or required by law.
16.2 Messages and moderation. SkiCircle may process messages, reports, content, device data, payment signals, and location-related records to provide the Service, enforce these Terms, detect fraud, investigate safety reports, and comply with law. We will do so in accordance with the Privacy Policy and applicable privacy laws.
17. Disclaimers
17.1 Service provided as available. To the fullest extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, safety, reliability, compatibility, and uninterrupted operation.
17.2 No guarantee of outcomes. SkiCircle does not warrant that you will find ski partners, friends, rides, safe users, accurate information, suitable conditions, timely rescue, or successful events. Use of the Service is at your own risk, subject to mandatory legal rights.
17.3 Third-party and user conduct. SkiCircle disclaims responsibility for third-party services, user conduct, user content, ride arrangements, meetings, resort decisions, weather, road conditions, avalanche conditions, equipment, and emergency response, except where liability cannot be excluded or limited by law.
18. Limitation of Liability
18.1 Mandatory-law carveout. Nothing in these Terms excludes, restricts, or limits liability where prohibited by applicable law. For Quebec users, nothing excludes or limits liability for bodily or moral injury, or liability arising from intentional or gross fault, where such exclusion or limitation is prohibited.
18.2 Excluded damages. To the fullest extent permitted by law, SkiCircle and its affiliates, directors, officers, employees, contractors, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or aggravated damages, loss of profits, loss of data, loss of goodwill, personal disputes, missed trips, missed reservations, lost lift tickets, equipment loss, or lost opportunities arising from or relating to the Service.
18.3 Liability cap. To the fullest extent permitted by law, SkiCircle's total liability for all claims arising from or relating to the Service will not exceed the greater of CAD $100 and the amount you paid to SkiCircle for the Service during the 12 months before the event giving rise to the claim.
18.4 Allocation. The limitations in this Section reflect the allocation of risk between you and SkiCircle and apply even if a remedy fails of its essential purpose, subject to mandatory legal rights.
19. User-to-User Release
19.1 Release. To the fullest extent permitted by law, you release SkiCircle from claims, demands, damages, losses, liabilities, and expenses arising from your interactions with other users, including meetings, ski days, carpools, messages, payments, reviews, User Content, accidents, misconduct, injuries, theft, fraud, and disputes.
19.2 Preservation of legal rights. This release does not limit rights or remedies that cannot be waived under applicable consumer, privacy, civil-liability, or other mandatory law.
20. Indemnity
20.1 Your indemnity. To the fullest extent permitted by law, you will defend, indemnify, and hold harmless SkiCircle and its affiliates, directors, officers, employees, contractors, licensors, and service providers from claims, damages, losses, liabilities, fines, penalties, costs, and expenses, including reasonable legal fees, arising from: (a) your use of the Service; (b) your User Content; (c) your breach of these Terms; (d) your violation of law or third-party rights; (e) your snow-sport activity, hosting, guiding, instruction, commercial activity, carpooling, driving, or passenger conduct; or (f) your fraud, negligence, wilful misconduct, or unsafe conduct.
20.2 Process. We may assume exclusive defence and control of any matter subject to indemnity. You must cooperate with reasonable defence requests. Consumer-law rights remain unaffected where indemnity limits are prescribed by law.
21. Suspension, Termination, and Data Retention
21.1 User termination. You may stop using the Service and request account deletion through account settings or hello at skicircle dot ca. Deletion may be subject to identity verification and lawful retention.
21.2 SkiCircle enforcement. We may suspend or terminate accounts, restrict features, remove content, cancel events, block payments, or preserve records if we reasonably believe a user violated these Terms, created safety risk, infringed rights, misused the Service, violated law, or harmed SkiCircle or others.
21.3 Retention after termination. We may retain information as described in the Privacy Policy, including for legal compliance, tax, accounting, fraud prevention, safety investigations, litigation holds, backups, and legitimate business records.
22. Reporting Misconduct and Emergencies
22.1 In-app reports. Use the reporting tools or contact hello at skicircle dot ca to report suspected misconduct, unsafe behaviour, harassment, fraud, dangerous driving, privacy concerns, copyright issues, or account misuse.
22.2 Emergencies. In emergencies or situations involving immediate danger, call emergency services, ski patrol, resort staff, park authorities, or law enforcement. In-app reports are not emergency calls and may not be reviewed immediately.
22.3 False reports. Do not submit knowingly false reports. Good-faith reports are encouraged, even if an investigation does not confirm every concern.
23. Changes to These Terms
23.1 Updates. We may update these Terms to reflect new features, legal requirements, safety needs, business changes, or operational changes. We will post the updated Terms and update the effective date.
23.2 Notice. Where required by law, including for certain Quebec consumer-contract changes, we will provide advance notice describing the change and its effective date. If a change increases your obligations or reduces ours in a manner that triggers a statutory cancellation right, we will provide the required cancellation information.
23.3 Continued use. Continued use after an update becomes effective means you accept the updated Terms, except where the law requires express consent or provides a statutory right to refuse, cancel, or rescind.
24. Disputes, Governing Law, and Quebec Consumer Protection
24.1 Informal resolution. Before starting a court claim, you agree to contact hello at skicircle dot ca with a description of the dispute, requested resolution, and supporting documents, unless urgent relief, statutory rights, or applicable law allows direct proceedings.
24.2 Governing law. These Terms are governed by the laws of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law rules, subject to mandatory consumer-protection, privacy, language, and civil-liability laws that apply in your place of residence.
24.3 Courts. Subject to mandatory consumer rights, the courts of competent jurisdiction in Ontario, Canada will have jurisdiction over disputes arising from or relating to these Terms or the Service.
24.4 Quebec consumers. For Quebec consumers, these Terms do not require mandatory arbitration, prevent class actions, restrict access to courts, or waive rights prohibited by the Quebec Consumer Protection Act or other mandatory Quebec laws.
24.5 Injunctive relief. SkiCircle may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property, confidential information, platform integrity, user safety, or security.
25. App Store Terms
25.1 Apple and Google. If you download the app through Apple App Store or Google Play, the app store terms also apply. The app store provider is not responsible for the Service, support, claims, or user disputes except as required by its own terms.
25.2 Updates. You may need to install updates to continue using the Service. Some features may be unavailable on older app versions, devices, or operating systems.
26. Language and Quebec French Version
26.1 French version. For Quebec users and consumers, SkiCircle will provide a French version of these Terms and related documents where required by law. The French version must be provided before a user may expressly choose to be bound by another language where the law requires that sequence.
26.2 Language preference. Where permitted, if you expressly choose English after receiving the French version, you agree that these Terms and related documents may be provided in English. Mandatory language rights remain unaffected.
26.3 Conflicts. If English and French versions conflict, the legally controlling version will be determined by applicable law and the language-selection process used for the user.
27. General Terms
27.1 Assignment. You may not assign these Terms without SkiCircle's written consent. SkiCircle may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or operation of law, subject to applicable privacy and consumer laws.
27.2 Severability. If any provision is found unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable where permitted by law.
27.3 No waiver. SkiCircle's failure to enforce a provision is not a waiver of its right to enforce it later.
27.4 Entire agreement. These Terms, the Privacy Policy, and referenced policies are the entire agreement between you and SkiCircle regarding the Service.
27.5 Force majeure. SkiCircle is not responsible for delay or failure caused by events beyond its reasonable control, including storms, power outages, app-store outages, payment-provider outages, internet failures, strikes, fires, pandemics, government actions, cyberattacks, resort closures, and natural disasters, subject to mandatory legal rights.
28. Contact
Company name: SkiCircle
Email: hello at skicircle dot ca