Terms of Service - Imaginess

These Terms of Service (“Terms”) govern your access to and use of the Imaginess platform operated by Imagine Sports Systems Inc. (“Imaginess,” “we,” “us,” or “our”). By accessing or using our platform, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using our platform, you confirm that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal authority to enter into these Terms. If you are using the platform on behalf of a sports organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

Imaginess is a multi-tenant platform for sports organizations that provides registration management, scheduling, athlete profiles, payment RECORD-KEEPING, communications, and related operational tools. Online card collection is not part of the service today; section 5 says what that means. The platform is provided on a subscription basis with various tiers of service.

3. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must provide accurate, current, and complete information during registration and keep your account information updated. You agree to notify us immediately of any unauthorized use of your account.

4. Organization Accounts

Sports organizations using Imaginess (“Tenant Organizations”) are responsible for their own compliance with applicable laws, including obtaining necessary consents from their members, athletes, parents, and staff for data collection and processing through the platform.

Tenant Organizations are responsible for the accuracy of the information they enter into the platform and for managing access permissions for their staff members.

5. Payments and Billing

Card payments are not enabled. We hold no payment provider account, and there is nowhere in the platform to enter a card number. Subscription fees are invoiced and settled outside the platform until that changes.

Subscription fees are charged in advance for the period you select, monthly or annually, at the rate on your plan when the period begins. Fees are stated in Canadian dollars unless your plan says otherwise, and applicable taxes are added.

Tenant Organizations collect their own registration and program fees. Today the platform RECORDS those collections - Interac e-Transfer, cheque, cash and other methods a club already uses - rather than processing them, so the money never passes through us. When card collection is enabled, each organization will hold its own account with the processor, will be responsible for that processor's terms, and these Terms will be updated to say so before the first charge.

6. Free Trial

We offer a 14-day free trial for new organizations. Trials are provisioned by our team on request, and no payment method is required during the trial. At the end of the trial period, a paid subscription is required to continue accessing the platform, and we will notify you before the trial period ends.

7. Acceptable Use

You agree not to:

Use the platform for any unlawful purpose or in violation of any applicable laws or regulations
Attempt to gain unauthorized access to other accounts, organizations, or our systems
Upload or transmit viruses, malware, or other harmful code
Interfere with or disrupt the platform or servers connected to the platform
Scrape, crawl, or use automated means to access the platform without our written permission
Use the platform to send unsolicited communications (spam)
Impersonate any person or entity or misrepresent your affiliation

The Acceptable Use Policy forms part of these Terms and sets out in more detail what is expected of a club and its people, particularly around children's records.

8. Intellectual Property

The Imaginess platform, including its design, features, code, and content, is owned by Imagine Sports Systems Inc. and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the platform for your organization's sports management purposes.

You retain ownership of all data and content you upload to the platform (athlete information, photos, documents, etc.). By uploading content, you grant us a limited license to store, process, and display that content as necessary to provide the platform services.

9. Data and Privacy

Your use of the platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the platform, you acknowledge that you have read and understood our Privacy Policy.

10. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the platform. We may perform scheduled maintenance with advance notice. We are not liable for any downtime, data loss, or service interruptions caused by factors beyond our reasonable control.

11. Termination

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation, your access will continue until the end of your current billing period. We may suspend or terminate your account if you violate these Terms, with notice where practicable.

Upon termination, you may request an export of your data within 30 days. After 30 days, we may delete your data in accordance with our data retention policies.

12. Limitation of Liability

To the maximum extent permitted by law, Imagine Sports Systems Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, or any loss of data, use, or goodwill arising from your use of the platform.

Our total liability for any claim arising from or related to these Terms or the platform shall not exceed the amount you paid us in the 12 months preceding the claim.

13. Indemnification

You agree to indemnify and hold harmless Imagine Sports Systems Inc., its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the platform, your violation of these Terms, or your violation of any rights of another party.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Calgary, Alberta.

15. Language

These Terms are published in English and in French, and the French version is at imaginess.ai/fr/terms. Quebec residents and any other party may rely on the French version; if the two ever differ in meaning, the version in the language you contracted in governs.

16. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the platform at least 30 days before they take effect. Continued use of the platform after changes take effect constitutes acceptance of the updated Terms.

17. Contact Us

If you have questions about these Terms, contact us at:

Imagine Sports Systems Inc.
Email: legal@imaginess.ai
General: support@imaginess.ai