You’re reviewing all 3 policies below: Privacy Policy, Terms & Conditions, and EULA.
(1/3)Privacy Policy

Last updated: July 17, 2024

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

When You pay for a product and/or a service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity. Such information may include, without limitation:

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Information from Third-Party Social Media Services

The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

Information Collected while Using the Application

While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:

We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it may be simply stored on Your device.

You can enable or disable access to this information at any time, through Your Device settings.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies on TermsFeed website article.

We use both Session and Persistent Cookies for the purposes set out below:

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

We may share Your personal information in the following situations:

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

Advertising

We may use Service Providers to show advertisements to You to help support and maintain Our Service.

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

We may use Email Marketing Service Providers to manage and send emails to You.

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

When You use Our Service to pay a product and/or service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity.

Behavioral Remarketing

The Company uses remarketing services to advertise to You after You accessed or visited our Service. We and Our third-party vendors use cookies and non-cookie technologies to help Us recognize Your Device and understand how You use our Service so that We can improve our Service to reflect Your interests and serve You advertisements that are likely to be of more interest to You.

These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies and to enable Us to:

Some of these third-party vendors may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit You to block such technologies. You can use the following third-party tools to decline the collection and use of information for the purpose of serving You interest-based advertising:

You may opt-out of all personalized advertising by enabling privacy features on Your mobile device such as Limit Ad Tracking (iOS) and Opt Out of Ads Personalization (Android). See Your mobile device Help system for more information.

We may share information, such as hashed email addresses (if available) or other online identifiers collected on Our Service with these third-party vendors. This allows Our third-party vendors to recognize and deliver You ads across devices and browsers. To read more about the technologies used by these third-party vendors and their cross-device capabilities please refer to the Privacy Policy of each vendor listed below.

The third-party vendors We use are:

Usage, Performance and Miscellaneous

We may use third-party Service Providers to maintain and improve our Service.

GDPR Privacy

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

Exercising of Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

Facebook Fan Page

Data Controller for the Facebook Fan Page

The Company is the Data Controller of Your Personal Data collected while using the Service. As operator of the Facebook Fan Page https://www.facebook.com/profile.php?id=61562798701896, the Company and the operator of the social network Facebook are Joint Controllers.

The Company has entered into agreements with Facebook that define the terms for use of the Facebook Fan Page, among other things. These terms are mostly based on the Facebook Terms of Service: https://www.facebook.com/terms.php

Visit the Facebook Privacy Policy https://www.facebook.com/policy.php for more information about how Facebook manages Personal data or contact Facebook online, or by mail: Facebook, Inc. ATTN, Privacy Operations, 1601 Willow Road, Menlo Park, CA 94025, United States.

Facebook Insights

We use the Facebook Insights function in connection with the operation of the Facebook Fan Page and on the basis of the GDPR, in order to obtain anonymized statistical data about Our users.

For this purpose, Facebook places a Cookie on the device of the user visiting Our Facebook Fan Page. Each Cookie contains a unique identifier code and remains active for a period of two years, except when it is deleted before the end of this period.

Facebook receives, records and processes the information stored in the Cookie, especially when the user visits the Facebook services, services that are provided by other members of the Facebook Fan Page and services by other companies that use Facebook services.

For more information on the privacy practices of Facebook, please visit Facebook Privacy Policy here: https://www.facebook.com/privacy/explanation

CCPA/CPRA Privacy Notice (California Privacy Rights)

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.

Categories of Personal Information Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.

Please note that the categories and examples provided in the list below are those defined in the CCPA/CPRA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of Our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.

Under CCPA/CPRA, personal information does not include:

Sources of Personal Information

We obtain the categories of personal information listed above from the following categories of sources:

Use of Personal Information

We may use or disclose personal information We collect for "business purposes" or "commercial purposes" (as defined under the CCPA/CPRA), which may include the following examples:

Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the "Use of Your Personal Data" section.

If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes, We will update this Privacy Policy.

Disclosure of Personal Information

We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:

Please note that the categories listed above are those defined in the CCPA/CPRA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.

When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Share of Personal Information

We may share, and have shared in the last twelve (12) months, Your personal information identified in the above categories with the following categories of third parties:

Sale of Personal Information

As defined in the CCPA/CPRA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information by the Business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.

We do not sell personal information as the term sell is commonly understood. We do allow Service Providers to use Your personal information for the business purposes described in Our Privacy Policy, for activities such as advertising, marketing, and analytics, and these may be deemed a sale under CCPA/CPRA.

We may sell and may have sold in the last twelve (12) months the following categories of personal information:

Please note that the categories listed above are those defined in the CCPA/CPRA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of Our knowledge that some of that information from the applicable category may be and may have been shared for value in return.

Sale of Personal Information of Minors Under 16 Years of Age

We do not knowingly collect personal information from minors under the age of 16 through our Service, although certain third party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies and We encourage parents and legal guardians to monitor their children's Internet usage and instruct their children to never provide information on other websites without their permission.

We do not sell the personal information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the "right to opt-in") from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us.

If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.

Your Rights under the CCPA/CPRA

The CCPA/CPRA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:

Exercising Your CCPA/CPRA Data Protection Rights

Please see the "Do Not Sell My Personal Information" section and "Limit the Use or Disclosure of My Sensitive Personal Information" section for more information on how to opt out and limit the use of sensitive information collected.

Additionally, in order to exercise any of Your rights under the CCPA/CPRA, and if You are a California resident, You can contact Us:

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.

Your request to Us must:

We cannot respond to Your request or provide You with the required information if We cannot:

We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.

Any disclosures We provide will only cover the 12-month period preceding the verifiable request's receipt.

For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.

Do Not Sell My Personal Information

As defined in the CCPA/CPRA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information by the Business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.

We do not sell personal information as the term sell is commonly understood. We do allow Service Providers to use Your personal information for the business purposes described in Our Privacy Policy, for activities such as advertising, marketing, and analytics, and these may be deemed a sale under CCPA/CPRA.

You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, we will stop selling Your personal information. To exercise Your right to opt-out, please contact Us.

The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells personal information as defined by the CCPA/CPRA law. If you wish to opt out of the use of Your personal information for interest-based advertising purposes and these potential sales as defined under CCPA/CPRA law, you may do so by following the instructions below.

Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that You use.

Website

If applicable, click "Privacy Preferences", "Update Privacy Preferences" or "Do Not Sell My Personal Information" buttons listed on the Service to review Your privacy preferences and opt out of cookies and other technologies that We may use. Please note that You will need to opt out from each browser that You use to access the Service.

Additionally, You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:

The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by Your browser, You will need to opt out again.

Mobile Devices

Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:

You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.

Limit the Use or Disclosure of My Sensitive Personal Information

If You are a California resident, You have the right to limit the use and disclosure of Your sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests such services or goods.

We collect, use and disclose sensitive personal information in ways that are necessary to provide the Service. For more information on how We use Your personal information, please see the "Use of Your Personal Data" section or contact us.

"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

Your California Privacy Rights (California's Shine the Light law)

Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.

If you'd like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

(2/3)Terms & Conditions

Last updated: July 17, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the product's instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.

We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods:

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.

In-app Purchases

The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.

More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.

In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.

If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at info+tc_question@oncallable.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

You can contact our copyright agent via email at info+tc_question@oncallable.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

(3/3)EULA

Effective Date: November 1, 2025

This End User License Agreement (the “EULA”), is a legal agreement between you (referenced herein as “you“, “user“ or “your”) and ONCALLABLE CORPORATION, operating as OnCallable (referenced herein as “Company”, “us”, “we” or “our”) that applies to your use of Company’s website, mobile application and/or any related services provided by or on behalf of Company in relation to the mobile application (collectively the “App”).

You should read carefully the entirety of this EULA, as the terms of this EULA govern your use of the App, including its content and functionality.

IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE APP.

This EULA includes the Company’s privacy policy available at https://oncallable.com/terms-and-privacy (the “Privacy Policy”) which is incorporated herein by reference. This EULA governs the Company’s relationship with you with respect to your use of the App. By accessing and/or using the App you acknowledge that you have read, understand and agree to comply with this EULA as well as all laws applicable to the App and your use thereof. You agree that the EULA shall be the equivalent of a written paper agreement between you and Company.

If you are accepting this EULA on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its employees to this EULA.

You agree that it is solely your responsibility to ensure that your access to and use of the App complies with the laws of your jurisdiction. We make no representation that the App is appropriate or available for use outside Canada.

We reserve the right at any time and from time-to-time to modify, edit and update this EULA and any of our policies. Your access to and use of the App on and after the date on which we post the revised terms constitutes your acceptance of the EULA as revised as well as of any revised policies.

You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the App, including all related expenses, if any.

The App

The App is operable to facilitate connections between Clients and Vendors whereby: (i) Vendors will offer to perform a Job for Clients; (ii) a Client may search for Jobs and Vendors; (iii) Clients may engage a Vendor to perform a Job for Client by booking a Vendor to perform a Job; and (iv) after booking a Vendor to perform a Job via the App, the Client and the Vendor may communicate via the App. “Client(s)” are individuals and/or businesses seeking to have certain services (“Jobs”) performed. “Vendors” are individuals and/or businesses seeking to perform Jobs for Clients. Clients and Vendors are referred to herein together as each a “User” and collectively as “Users”.

Each User must have completed an account set-up and registration process for the App, which may include compliance with and meeting of standards, qualifications and criterion required or otherwise set by Company, as may be amended from time-to-time at Company’s sole discretion.

The App solely operates to provide a means for Vendors and Clients to connect to arrange for a Job to be performed.

Vendors shall be responsible for setting rates and accepting bids for Jobs. Vendors may: (a) offer and provide their services outside of the App, including through competing platforms; and (b) accept or reject Clients and Service Agreements (defined below).

Client is responsible for determining the Job that meets the Client’s needs, and selecting the Job and Vendor. All approvals of Jobs and Vendors are the responsibility of Client, as is all research Client deems necessary prior to booking any Job or Vendor to be satisfied that a specific Vendor has the right qualifications and that a Job will meet the Client’s needs.

The App is not an employment agency service or business. Company is not an employer of any User, and Users are not employees of Company. Users and Company are not partners, representatives, agents, joint venturers, independent contractors or franchisees of each other. Company bears no responsibility or liability whatsoever for any Clients, Vendors or Jobs, or any interactions between any Clients and any Vendors.

All connections and interactions between Vendors and Clients within or outside of the App are at the sole risk of the Vendors and Clients, and Company does not and shall not be deemed in any manner to:

Whether within the App or outside of the App, Users do not have authority to, and may not act as agent for, bind, or make any representations on behalf of, Company.

Jobs

Service Agreements

Client booking via the App a Vendor to provide a Job, forms a legally binding contract for the Job, which shall include all of the engagement terms proposed and accepted, and any other contractual terms agreed to, by the Client and the Vendor in the App for the Job (the “Service Agreement”). All terms of the Service Agreement shall be set out in the App and accessible by Vendor, Client and Company. Each User agrees that:

All Communications in App

You agree that all communications via the App regarding all Jobs will be accessible by and stored by the Company before, during and after each Job is performed (including, without limitation, communications pertaining to the scope of a Job, the applicable Service Agreement and payment details).

Vendor Qualifications

It may be unlawful to perform certain types of Jobs without a license, permit and/or registration, and unlawful performance may result in law enforcement action and/or penalties or fines. Each Vendor is solely responsible for: (i) ensuring it has all requisite expertise, training, experience, qualifications, licenses, permits and registrations required for, or that it is prudent to hold, for any Job Vendor offers via the App; (ii) compliance with all federal, provincial, territorial and/or local laws applicable to each Job offers via the App; and (ii) seeking and obtaining appropriate legal guidance for each Job.

Other Parties

Vendor Assistants

Where approved in advance by the Client in the App, Vendors may engage assistants, helpers, subcontractors or other personnel (“Vendor Assistant(s)”) to perform all or any part of any Job; provided that such Vendor Assistants have registered through the App and are Users in good standing.

The Vendor assumes full and sole responsibility for the acts and omissions of all Vendor Assistants used in its performance of Jobs and is fully responsible for compliance with all applicable laws by and in relation to all Vendor Assistants, and for: (A) the lawful payment of all compensation, benefits and expenses for its Vendor Assistants, (B) all required and applicable tax withholdings as to such Vendor Assistants, (C) ensuring and verifying that all Vendor Assistants are registered Users in good standing on the App; and (D) ensuring that all Vendor Assistants have the experience, expertise, qualifications and other qualities, and insurance coverage, relevant to each Job.

Client Agents

All Clients must book Jobs directly via the App that are to be performed for said Client, and no other person or entity is permitted to book any Job on behalf of any Client. If any person is to be present in Client’s stead when any Job is to be performed (a “Client Agent”): (A) if you are Client, you hereby appoint Client Agent as your agent, and grant Client Agent the authority to act as your agent in relation to the applicable Job, including to direct or instruct the Vendor’s performance of the Job, and you agree that you bear all responsibility and liability for the Client Agent, including all acts and omissions thereof; and (B) if you are a Vendor, you agree to follow the Client Agent direction as if the direction was given by Client.

Your Responsibilities

General

You are responsible and liable for: (i) all uses that you make of the App, whether directly or indirectly, and including all of your actions and omissions; and (ii) ensuring that you solely use the App in accordance with the Terms of this EULA. Your use of the App and any of its functions is at your sole risk, and the Company bears no liability or responsibility for your use of the App.

App Accounts

You will be required to register and set-up an account in order to access and use the App (the “App Account”). Your App Account must include: (i) your legal name (as per your government issued identification), (ii) an up-to-date photo of yourself, and (iii) the legal business name of the entity on behalf of which you are setting-up an App Account (as per legal business registration documents) if applicable. You hereby agree to comply with all of the terms of this EULA (which includes the Company Privacy Policy) and any additional terms imposed by the Company. Your App Account is for you as a single-user only and hereby agree and confirm that you will not share the App Account with any other person. You are fully and solely responsible for (a) maintaining the confidentiality of your App Account, including any log-in, password, and account number provided by or given to you to access the App; and (b) all activities that occur under your App Account, even if not undertaken or authorized by you. You shall immediately notify Company if you suspect or become aware of any loss or theft of your App Account password or any unauthorized use of any of your App Account. Company will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations.

User Data

You may be permitted and/or required to provide images and other information and data to the App. You hereby: (i) consent to all uses of all data that you provide, including but not limited to images you provide, and all uses of all data that we collect relating to your App Account and your use of the App (collectively the “User Data”) by us; and by third parties, in accordance with this EULA, and (ii) acknowledge that any and all User Data may be transferred outside of Canada, and inter-provincially within Canada, and that as a result of any transfer User Data may be treated in accordance with foreign laws, or the laws of provinces to which it is transferred. We will apply reasonable efforts to handle the User Data in a manner consistent with Canadian privacy laws.

Age

To use the App and to set-up an App Account, you must be at least of the legally required age to enter into binding contracts under the laws of the jurisdiction in which you reside and/or use the App. You hereby represent, warrant and confirm that you comply with this obligation.

Vendor Representations & Warranties

In addition to other representations and warranties you provide in this EULA, if you are a Vendor, you represent and warrant that you:

Access and Use

Rights of Access

Subject to and conditioned on your compliance with the terms and conditions of this EULA, Company hereby grants you a non-exclusive, non-transferable right to download to your device, access and use the App in accordance with the terms of this EULA. Use of the App is limited to solely your personal use or use for internal purposes of the company or other legal entity you represent.

Use Restrictions

You shall not use the App for any purposes beyond the scope of the rights of access expressly granted in this EULA. You shall not at any time, directly or indirectly, and shall not assist or permit any other person or entity to:

In addition, when using the App you will not:

The foregoing is merely a list of examples of prohibited conduct. The Company reserves the right to cancel a user account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all. Unauthorized use is a material breach of this EULA and may also violate applicable laws. You represent and warrant that you will utilize the App in accordance with applicable laws, including privacy and data security laws.

User Onboarding

Users are subject to a “Know Your Customer” review process before they can enter into Service Agreements on the App, which includes, but may not be limited to, identity verification that Company, or its Third Party Service Provider(s) or other subcontractor(s), will conduct using information the User provides in the App. For example, Users may be required to upload a photo of a government issued photo identification document in the App, and that photo may be compared to the identity information provided by the User during registration and set-up of the User’s App Account.

You agree to undergo the reviews outlined above as applicable to you, and you agree to the Company’s use of the personal information you provide for such reviews, including but not limited to identity verification.

Suspension, Deactivation & Maintenance

Suspension

Notwithstanding anything to the contrary in this EULA, Company may temporarily suspend your access to any portion, or all, of the App if Company reasonably determines that: (A) there is a threat or attack on the App, (B) your use of the App does, or is suspected to, disrupt or pose a security risk to the Company, the Company IP or to any other User of the App, (C) you are using or suspected of using the App for fraudulent or illegal activities, (D) other Users have submitted complaints about you to Company, or (E) in the event of any other actual or suspected breach by you of any part of this EULA.

Deactivation

Notwithstanding anything to the contrary in this EULA, Company, in its sole discretion, may deactivate your App Account and/or prohibit your access to the App upon its confirmation and/or investigation of any of the foregoing grounds for suspension relating to you or your use of the App. Company will provide you with written notice of its determination to deactivate your account if so required in accordance with applicable laws, or at its sole discretion. If you wish to appeal any determination made by Company pursuant to this Section, please contact us [please provide preferred contact] within 14 days of receipt of such notice with the grounds for your appeal. The Company will consider your grounds of appeal, but ultimately has the sole and exclusive right to determine whether to reinstate your access App Account and/or your access to the App.

Maintenance

Company may determine that the App requires maintenance at any time, at its sole discretion, and without notice to you. During such maintenance the App may be unavailable for access and use. Company may further cancel, deactivate or suspend the App for any reason at its sole discretion.

Company will have no liability for any damage, liabilities, losses (including any loss of data), or any other consequences that you may incur as a result of any of the following occurring for any reason whatsoever: suspension, deactivation, cancellation or any maintenance of the App.

Provision of Access & Use of the App

Fees and Payment

Payment Service Provider (“PSP”)

Payments relating to the App and all other amounts owed and/or to be paid by any User, must be paid through the PSP. All Users will be required to set up an account with the PSP, which will be conducted in accordance with the PSP’s requirements and at the PSP’s discretion (the “PSP Services Agreement”). As an example, the following, or other requirements, may be required by a PSP: registration with the PSP, consent to the terms of service of the PSP, completion of a vetting process and/or account validation, and providing payment method details to the PSP. Company is not a party to any PSP Services Agreement, and has no obligations, responsibility or liability to any User under any PSP Services Agreement or in relation to any processing or other handling of payments, or any unavailability or defect of a PSP.

Fees for Jobs and Other Amounts Owed by the Client

Clients will be required to pay fees and other amounts owed for all Jobs, and other amounts owing relating to the App in any manner. Company will charge Users an application management fee for each Job (the “App Fee”) as described in more detail below. Fees and other amounts for each Job shall be agreed to in advance by the Client and Vendor and such agreed upon fee will be recorded in the App. Client shall pay for each Job the agreed upon fee for the Job, plus the amount of the Client App Fee (collectively being the “Job Fee”). Client hereby authorize us to direct the PSP to process the payment method you provided to the PSP in relation to each Job Fee, and in relation to all other amounts owing by Client in relation to the App. Payments to a Vendor for any Job will be in an amount that is Job Fees, less the Vendor App Fee, the Client App Fee and any applicable taxes (collectively the “Job Payment”). Jobs Fees must be paid by Client prior to any Job occurring, and Job Payments will not be released to a Vendor until confirmation from Client via the App that the Job has been completed. Upon receipt of such confirmation we will direct the PSP to release the Job Payment to the Vendor, if all fees and amounts owing by Vendor to Company have been paid. If any amounts owing to Company by Vendor are unpaid when a Job is confirmed by Client to be completed, Company reserves the right to deduct any such amounts owing from the Job Payment that is provided to Vendor.

App Fee

The App Fee will be based on the App Fee rate and other details relating thereto as set by Company current at the time when the Job occurs. As an example, the App Fee may be a percentage of the fee agreed upon by the Vendor and Client for a Job. The Client and Vendor are each responsible for payment of fifty percent (50%) of the App Fee. The Vendor’s portion of the App Fee (the “Vendor App Fee”) will be deducted from the Jobs Fees. The Client’s portion of the App Fee (the “Client App Fee”) will be owed with as part of the Job Fee payment. The App Fee will be disbursed to Company upon confirmation by the Client that the Job has been completed.

Suspension

If you fail to make any payment when due, without limiting Company’s other rights and remedies, Company may suspend your access to any portion or all of the App until such amounts are paid in full, and/or may deactivate your App Account and access to the App if payment is not received within thirty (30) days of when it became due.

Taxes

All Jobs Fees, App Fees and other amounts payable by Clients are exclusive of taxes and similar assessments, which will be charged in addition to said other amounts. User is responsible for all applicable taxes.

Fee Disputes

In the event that a Client disputes that any Job was performed and completed in accordance with applicable Service Agreement, Client should, where reasonably feasible, attempt to resolve the issue with the Vendor involved. [NTD: Please insert additional resolution measures applicable if Vendor and Client cannot resolve the issue between themselves]. No Job Payment will be disbursed until the Client confirms completion of the Job, and no Job Fee or any portion thereof will be returned to Client until the dispute resolution steps are completed. No App Fee will be returned to either Client or Vendor in any event.

Intellectual Property Ownership; Feedback

Company IP

You acknowledge that Company owns all right, title, and interest in and to the App, including all intellectual property and rights therein and relating thereto, as well as other Company intellectual property (collectively the “Company IP”). Except for the limited licensed rights expressly granted to you under this EULA, nothing in this EULA grants, by implication, waiver, estoppel, or otherwise, to you, any other User or any third party any right, title, or interest in or to any Company IP.

Feedback

You may at your discretion provide Company with information, feedback, or suggestions relating to the App (collectively “Feedback“). Company is free to use, or not to use, such Feedback at its sole discretion. You hereby assign to Company all present and future right, title, and interest in all Feedback and all intellectual property therein and relating thereto, and waive all moral rights therein. You agree that you are not entitled to any attribution or compensation relating to the Feedback.

By using the App, you grant Company, its Third Party Service Providers, and their current or future parents, subsidiaries, successor and assigns, as well as any other entity under common control or ownership of the foregoing, a royalty-free, perpetual, irrevocable, non-exclusive right and license to reproduce, modify, translate, publish, create derivative works from, distribute, transmit, perform, edit, reformat, display and otherwise use, including for advertising and marketing purposes, all User Data, and any portion thereof, worldwide, in any format, media, or technology now known or later developed.

You hereby waive any right to enforce any intellectual property or proprietary right against Company or its parent, affiliates, and subsidiaries, including but not limited to as a result of or on the basis of any use or exploitation of any User Data, including any incorporation of any User Data into any Company product or service.

Third Party Service Providers and External Content

The Company may engage one or more third party service providers, including but not limited to PSP, to assist with the App (each a “Third Party Service Provider”). The App may further incorporate or link to third party webpage, software, platform, information or intellectual property that is integrated in, or linked to, the App (collectively “External Content“).

Company does not control or endorse, and is not responsible or liable for any Third Party Service Provider or External Content. Services of Third Party Service Providers and External Content will be subject to the terms and policies of the Third Party Service Provider or External Content provider, as applicable. By using the App you agree to such terms and policies. Company is not responsible for the availability of services of Third Party Service Providers or External Content, and all uses thereof by you is solely at your own risk. By using the App, you expressly release Company from any and all liability arising from your use of any External Content or services of a Third Party Service Provider.

Your Representations

Enforcement

Company is not responsible for screening, policing, editing, or monitoring your use of the App. If you violate this EULA, a Service Agreement or Company IP, or misuse the App, Company may, in its sole discretion, take whatever action is necessary to protect Company’s rights or otherwise enforce this EULA.

User Data Permissions & Consents

By using the App, you consent to and authorize the collection, use, reproduction, hosting, transmission, disclosure and other handling of all User Data, including your personal information, by Company or its Third Party Service Providers, as required for the App, fee processing, and otherwise in compliance with the Company’s Privacy Policy.

You acknowledge that User Data, including personal information, may be transferred inter-provincially or to foreign jurisdictions, where it will be handled in accordance with the laws applicable in the province or foreign jurisdiction to which it is transferred, and you hereby consent to such transfer(s).

Security

Notwithstanding that we apply security measures to the App, there is no guarantee that information or personal information on or related to the App, or submissions to the App, or that is transmitted through the Internet, will be maintained as confidential and secure. Company assumes no liability or responsibility therefor.

Warranty Disclaimer

ALL USE OF THE APP IS AT YOUR SOLE RISK. THE APP, ALL COMPANY IP, ALL JOBS AND ALL SERVICES RELATING THERETO ARE PROVIDED “AS IS“ AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM ACCESS AND USAGE OF THE APP, ANY COMPANY IP AND ANY JOBS. COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE APP, ANY COMPANY IP OR ANY JOB WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

Indemnity

You hereby agree at all times to indemnify, defend and hold harmless Company, its agents, suppliers, affiliates, third parties engaged by Company, third parties that assist Company, and their respective parent companies, directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Company directly or indirectly in respect of or arising from: (i) your use or misuse of the App, (ii) any User Data or other images, content or information that you provide to, in relation to, or post within, the App, (iii) any breach by you of any term of this EULA or applicable law; (iv) your negligence or wilful misconduct; and (v) any of the foregoing by any Vendor Assistant, entity or other person related to you.

Limitations of Liability

IN NO EVENT WILL COMPANY BE LIABLE UNDER OR IN CONNECTION WITH THIS EULA UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY EXCEED THE APP FEES PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

No Liability or Responsibility

Remedies

IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT, DATA, MATERIALS, OTHER INFORMATION OR JOBS AVAILABLE THROUGH THE APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APP. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THE EULA FAIL OF THEIR ESSENTIAL PURPOSE.

Term and Termination

Term

The term of this EULA extends until it is terminated in accordance with the terms of this EULA.

Termination

In addition to any other express termination right set forth in this EULA, Company may terminate this EULA: (i) effective on written notice to you, at Company’s discretion; (ii) immediately if you breach any of your obligations or any term of this EULA; or (iii) if you stop using the App or you or the Company deactivates your App Account. You may terminate this EULA by deactivating your App Account, except that you may not terminate this Agreement while any Service Agreement is in effect.

Effect of Expiration or Termination

Upon expiration or earlier termination of this EULA, you shall immediately: (i) discontinue use of the App; and (ii) pay all outstanding unpaid fees and other amounts owing under this EULA.

Survival

Sections 1(f)-(h), 2(a)(i)-(iii), 2(b)-(c), 2(d)(ii), 3, 4(b), 4(d)(v), 5(a)-(c), 5(e)-(f), 6, 7(b), 8-16, 17(c)-(d) and 18-19, and other sections that by their nature survive termination or expiration, shall survive termination and expiration of this EULA.

Compliance with Investigation

Company will cooperate with any investigation by any federal, provincial, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may occur without any notice being provided to you and may involve disclosure of your User Data, including personal information. You hereby consent to such disclosure of your User Data.

Miscellaneous

Entire EULA

This EULA, together with any other documents incorporated herein by reference and all related Exhibits, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this EULA.

Amendments and Modifications

Amendment or modification of this EULA may be made by Company and shall be effective immediately thereafter.

Waiver

Except as otherwise set forth in this EULA, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this EULA will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any provision of this EULA is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this EULA or invalidate or render unenforceable such term or provision in any other jurisdiction.

Governing Law

This EULA shall be construed and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby irrevocably and unconditionally attorn and submit to the non-exclusive jurisdiction of the courts in Toronto, Ontario with respect to any legal action or proceeding relating to this EULA.

Assignment

You may not assign any of your rights or delegate any of your obligations hereunder, whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of Company. Any delegation contrary to this section shall be deemed null and void. This EULA is binding upon and inures to the benefit of the Parties and their respective permitted successors and assigns.

Equitable Relief

You acknowledge and agree upon a breach or threatened breach by you of any of your obligations under this EULA Company will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy.

Contact Us

If you have any questions about the App or this EULA, please contact Company at the following email address: info+eula@oncallable.com

© ONCALLABLE CORPORATION, operating as OnCallable, 2025.