PLAYHER

Last Modified: September 17, 2026

Terms and Conditions of Use

PLAYHER Sports Media Inc. is a corporation incorporated pursuant to the Canada Business Corporations Act, R.S.C., 1985, c. C-44. In consideration of permitting your access to our website, mobile applications, and online platform hosted at playher.co and related domains and subdomains (collectively, the “Platform”), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree as follows:

These terms and conditions (the “Terms”) form a legally binding agreement which govern your access to and use of PLAYHER Sports Media Inc.’s (“PLAYHER”, “we”, “us” or “our”) Platform.

THESE TERMS HAVE PROVISIONS WHICH LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU. YOU MUST REVIEW THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU, THE USER (“YOU” OR “YOUR”), REPRESENT AND WARRANT THAT (I) YOU ARE AT LEAST 18 YEARS OF AGE AND, IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU HAVE OBTAINED THE CONSENT OF YOUR PARENT OR LEGAL GUARDIAN TO USE THE PLATFORM; AND (II) YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.

AMENDMENTS

From time to time, we may revise these Terms or any policy incorporated by reference. We will provide notice of any material changes either by email to the email address registered on your account (if you have one) or by displaying notice on the Platform. The notice will identify the date on which the revised Terms become effective. Your continued access to or use of the Platform on or after that effective date constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, your sole and exclusive remedy is to terminate your account (if you have one) before the effective date and stop accessing or using the Platform; you will not be required to accept the revised Terms if you no longer use the Platform after the effective date.

PRIVACY

We use personal information in accordance with our privacy policy, available at playher.co/privacy, which is incorporated herein by reference. By using the Platform, you consent to such processing and you represent to us that all information provided by you is accurate and complete.

You acknowledge that the Platform uses third-party service providers — including cloud-hosting providers (including for example, Amazon Web Services), e-commerce providers (currently Shopify), and third-party sign-on providers — that may store, process, or access personal information outside Canada, including in the United States, and that personal information stored or processed outside Canada may be subject to the laws of the foreign jurisdiction (including lawful access by foreign authorities). Further information about cross-border processing is set out in our privacy policy.

ABOUT THE PLATFORM

The Platform is a digital media and content platform dedicated to women’s sports, built for athletes and fans of women’s sports. The Platform provides, or may from time to time provide, live scores, schedules, news, articles, player and team statistics, video, and other content related to women’s sports (collectively, the “Content”), together with the features described in these Terms.

PLAYHER is an independent media platform. Unless expressly stated otherwise, PLAYHER is not affiliated with, endorsed by, or sponsored by any league, team, athlete, governing body, or other sports organization featured in the Content. Team names, league names, player names, and related logos and marks displayed in the Content are the property of their respective owners and are referenced for informational and editorial purposes only.

NOT A SPORTSBOOK; NO BETTING OR GAMBLING

THE PLATFORM IS NOT A SPORTSBOOK, BETTING PLATFORM, OR GAMBLING SERVICE OF ANY KIND. WE DO NOT OFFER, FACILITATE, PROMOTE, OR ACCEPT WAGERS, BETS, OR GAMBLING OF ANY KIND, AND NO FEATURE OF THE PLATFORM — INCLUDING ANY GAMIFICATION FEATURE SUCH AS BRACKETS, PREDICTIONS, OR FANTASY TEAMS — INVOLVES STAKING MONEY OR ANYTHING OF MONETARY VALUE ON THE OUTCOME OF A SPORTING EVENT. THE CONTENT IS PROVIDED FOR GENERAL INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND MUST NOT BE USED OR RELIED UPON FOR BETTING, WAGERING, OR GAMBLING PURPOSES, WHETHER ON OR OFF THE PLATFORM. YOU AGREE NOT TO USE THE PLATFORM OR ANY CONTENT IN CONNECTION WITH ANY FORM OF BETTING, WAGERING, OR GAMBLING.

SPORTS DATA AND CONTENT DISCLAIMER

Scores, schedules, statistics, and other sports data displayed on the Platform are compiled from one or more third-party data providers and other sources (collectively, “Data Providers”). While we endeavour to display accurate and timely information, we do not independently verify data supplied by Data Providers, and live scores, schedules, and statistics may be delayed, incomplete, or inaccurate, and may be corrected, restated, or removed at any time. The names, marks, and logos of any league, team or competition, referenced on the Platform remain the property of their respective owners.

WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT, AND WE SHALL HAVE NO LIABILITY FOR ANY RELIANCE BY YOU OR ANY OTHER PERSON ON ANY CONTENT.

ESTABLISHING AN ACCOUNT (OPTIONAL)

You do not require an account to access the public portions of the Platform. You may, however, choose to create an account in order to set and save preferences — such as favourite teams, players, leagues, and sports — to synchronize those preferences across your devices, and to access certain features that require an account (including the Lounge, described below).

To create an account, you will be required to provide certain personal information as referenced in our privacy policy. You may register using your email address — in which case we will authenticate you by sending a sign-in link to that address (a passwordless or “magic link” method) — or through a third-party sign-on provider we support from time to time (which may include Google, Apple, or Facebook). You agree that your access to and use of the Platform, whether or not you create an account, constitutes good and valuable consideration in exchange for agreeing to these Terms, our privacy policy, and all other documents and policies incorporated by reference.

We grant you a non-transferable, non-exclusive, revocable license to access the Platform in accordance with these Terms, whether or not you create an account. We reserve the right to revoke that license and your access to the Platform without justification or cause, at any time. We make no representations or warranties as to the ongoing availability of the Platform, or your access to it.

You agree to only provide us with information that is true, accurate, complete, current, and not misleading.

ACCOUNT NOT TRANSFERRABLE

Access to your account is not transferrable and is only intended for you, the individual who established the account. You are not permitted to share your sign-in links or other login credentials with, or grant access to, any third party. You are not permitted to change the name associated with your account (if applicable) unless we agree to do so as a result of a legal change to your name.

You may register, hold, and use only one account on the Platform. We may, in our sole discretion, consolidate, suspend, or close any duplicate, secondary, or shadow accounts maintained by, or on behalf of, the same individual, and we may attribute any conduct on any such account to the individual in question for the purposes of these Terms.

ACCOUNT SECURITY

The Platform primarily authenticates you by sending sign-in links to the email address registered to your account, or through a third-party sign-on provider. Accordingly: (i) you are responsible for ensuring that the email address provided to us is accurate and current; (ii) you represent and warrant to us, and agree that you will ensure, that you are the sole person, at all times, with access to the email account and any third-party sign-on account used in connection with your account; and (iii) you are responsible for maintaining the security of those email and third-party accounts, including any passwords and multi-factor authentication protecting them.

You agree you are responsible for any activity on your account and all correspondence provided to us from any email address registered to your account, whether or not you authorized that activity or correspondence. You agree that we are, in respect of any instructions or actions taken by a person using your account, entitled to assume that the person is you. You must immediately notify us of any unauthorized use of your account, and you must inform us of any changes to your contact details.

While we and our third-party software and technology providers take certain security measures in relation to the Platform, you acknowledge that the technical processing and transmission of the Platform and related data and information, including your own account data, is at risk of being hacked or stolen by third parties. You accept all such risks in using the Platform and you agree and acknowledge that in using online platforms, there is always a risk of unauthorized access to and use of your information, including your personal information.

THE LOUNGE — GAMIFICATION AND INTERACTIVE FEATURES

We may, from time to time, offer a designated area of the Platform featuring gamification and interactive features — such as building brackets, making predictions, and creating fantasy teams, and, if offered in the future, chat or discussion features (collectively, the “Lounge”). The Lounge, and individual features within it, may not be available at all times, may be offered after the initial launch of the Platform, and may be added, modified, suspended, or removed at any time in our sole discretion.

Age Restriction. Access to the Lounge is restricted to users who are at least 18 years of age. We may use age declarations, age estimation, or age-verification measures as a condition of access to the Lounge. You agree not to access or attempt to access the Lounge if you do not meet the age requirement, and not to assist or enable any other person who does not meet the age requirement in accessing the Lounge.

Free to Play; No Wagering. All Lounge features are free to play and are offered for entertainment purposes only. No Lounge feature involves or permits the staking of money or anything of monetary value, and no payment or purchase is required to participate. Participation in any Lounge feature does not entitle you to any prize, payment, or award unless we post official rules for a specific promotion or contest, in which case those official rules are incorporated by reference into these Terms and will govern that promotion or contest, including eligibility, entry, judging, and prizes, and will prevail over these Terms in the event of a conflict. Any promotion or contest is void where prohibited by law.

Fair Play. You agree not to use bots, scripts, multiple accounts, data feeds, or any other automated or manipulative means to participate in any Lounge feature, and not to interfere with, manipulate, or attempt to manipulate the outcome, scoring, or standings of any Lounge feature. We may disqualify entries, void results, and suspend or terminate accounts where we determine, in our sole discretion, that this section has been breached.

MERCHANDISE

We may offer PLAYHER-branded merchandise and accessories, and other goods and services, for sale through an online store operated using the Shopify e-commerce platform, which may be presented on a subdomain or linked area of the Platform (the “Store”). These Terms govern your purchase of those goods and services (collectively, the “Goods”) in full. Except for the terms of the third-party payment processors described below, no separate or additional terms of sale, shipping, or service apply to your purchase of Goods, and these Terms — which we also post on the Store — constitute the entire agreement between you and us in respect of the Store and the sale of Goods. Payment processing for Store purchases is handled by Shopify and its payment processors, and we do not receive or store your full payment card details. Your use of the Store may also be subject to the terms and policies of Shopify and its payment processors, and you agree that nothing in those terms alters or diminishes these Terms or your obligations under them.

All product descriptions, images, and prices displayed in the Store are an invitation to treat only and do not constitute an offer by us to sell. Your submission of an order is an offer to purchase, which we may accept or decline in our sole discretion. No contract of sale is formed until we accept your order, and even where your order is processed automatically, you agree that we may review, and reserve the right to accept or reject, any order. All orders are subject to availability.

Prices are shown in Canadian dollars for customers in Canada and in United States dollars for customers in the United States, or in such other currency as is indicated in the Store and are subject to change without notice. Misprints, errors, inaccuracies, or omissions relating to product descriptions, specifications, pricing, taxes, shipping charges, promotional offers, or availability may occur. We reserve the right, at any time and without prior notice or liability to you or any other person, to: (a) remove or discontinue any Good; (b) correct any error, inaccuracy, or omission; (c) change prices, fees, taxes, charges, specifications, or promotional offers; and (d) refuse, correct, cancel, or terminate any order, including an order we have already accepted. If we cancel an order for which you have already paid, our sole obligation is to refund the amount paid for the cancelled portion of the order.

Unless otherwise stated, prices do not include applicable taxes, shipping, handling, customs, or duties, which you are responsible for. You agree to pay all sales, use, excise, and other taxes, whether Canadian or foreign, and all shipping, customs, and duty charges applicable to your purchase. Title to, and risk of loss in, the Goods pass to you upon our delivery of the Goods to the carrier.

Except as expressly required by applicable law, all Goods are sold on an “as is” and “as available” basis, and the disclaimers of warranties and conditions (including the implied warranties and conditions of merchantability and fitness for a particular purpose) and the limitations and exclusions of our liability set out elsewhere in these Terms apply fully to your purchase and use of the Goods.

ALL SALES ARE FINAL. We do not accept returns, refunds, or exchanges for any Good. Nothing in this section limits any right or remedy you may have that cannot be excluded or limited under applicable consumer protection legislation, and where such legislation requires us to provide a refund, exchange, or other remedy, we will do so.

ADVERTISING AND SPONSORSHIP

The Platform is supported by advertising and brand sponsorship, and the Platform and the Content may include advertisements, sponsored content, and brand partnerships, which will be identified as such where required by applicable law. The presence of an advertisement, sponsorship, or brand partnership on the Platform is not an endorsement by us of the advertiser or sponsor or of its products or services. Your dealings with any advertiser or sponsor — including the purchase of any product or service — are solely between you and that advertiser or sponsor, and we are not responsible or liable for any loss or damage arising from those dealings.

ACCEPTABLE USE OF THE PLATFORM

In using the Platform, you agree, and you represent and warrant to us, that you:

We may, but have no obligation to, remove from the Platform any user that we determine, in our sole discretion, to have, or which may reasonably appear to have, violated these Terms.

USER CONTENT

As of the date of these Terms, the Platform is primarily a “read-only” platform: aside from your account preferences and your participation in Lounge features, users are not generally able to post content for other users to view. We may, however, in the future offer features that permit users to post, upload, share, or transmit content on the Platform — such as comments, chat or discussion features in the Lounge, or bracket, prediction, and fantasy entries visible to other users (collectively, “User Content”). If and when we do, the provisions of this section, the Acceptable Use provisions above, and any community guidelines or acceptable use policy we post on the Platform (which are hereby incorporated by reference into these Terms) will apply to all User Content.

To the extent you created it, we claim no ownership of your User Content. While it may be displayed on the Platform, you can delete your User Content at any time, except to the extent we are required to retain it for legal, regulatory, dispute-resolution, or audit purposes. We do not pre-screen User Content uploaded or posted to the Platform.

You represent and warrant that you own or have the necessary licences, rights, consents, and permissions for your User Content to be used on the Platform. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, and distribute any User Content that you post or upload, in order to facilitate the ordinary use of the Platform and to enable us to operate, market, and improve the Platform.

We may, but are not obligated to, monitor, moderate, edit, remove, or restrict access to any User Content at any time, with or without notice, including any User Content that we determine, in our sole discretion, violates these Terms or any policy incorporated by reference.

Reporting and Blocking. If and when we offer features that permit User Content, we will make available within the Platform a mechanism to report objectionable User Content, a mechanism to block other users, and published contact information through which reports may be made. We will review reports of objectionable User Content within a reasonable time and may remove the User Content, and suspend or terminate the account of any user who posted it, in our sole discretion.

We do not consider proposals or ideas, including without limitation ideas for new products, technologies, platform features, product names, product feedback, and product improvements that you provide us (“Feedback”), to be confidential information. If you send any Feedback to us, you acknowledge and agree that we shall not be under any obligation of confidentiality with respect to the Feedback, and nothing in these Terms limits or restricts our right to independently use, develop, evaluate, or market products or services, whether incorporating the Feedback or otherwise.

COPYRIGHT COMPLAINTS

Notice of Claimed Infringement. PLAYHER respects copyright. If you are a copyright owner, or a person authorized to act for one, and you believe that any content on the Platform infringes your copyright, you may send a written notice to PLAYHER at legal@playher.co (the “Copyright Contact”). Your notice must: (a) state your name and address; (b) identify the work and your interest or right in the copyright in it; (c) specify the electronic location (for example, the URL) to which the claimed infringement relates; (d) specify the claimed infringement and the date and time it occurred; and (e) contain any other information prescribed under the Copyright Act (Canada).

DMCA Notices. To the extent the Platform is accessed from the United States, we will also consider notices that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”), sent to the Copyright Contact. On receipt of a DMCA notice that we determine in our discretion to be valid, we may, without obligation, remove or disable access to the identified material.

PROPRIETARY RIGHTS

The Platform contains open source and public domain content, licensed content (including content licensed from Data Providers), as well as proprietary content owned by us and by third parties. You are not permitted to copy, use, or distribute any content (including but not limited to text, data, software code, images, trademarks, videos, and audio) on, or underlying, the Platform without the express consent of the owner.

All rights, title, and interest in and to the Platform are and will remain the exclusive property of PLAYHER Sports Media Inc. and our licensors. The Platform and all content thereon are protected by copyright, trademark, and other laws of Canada, the United States, and foreign countries. You agree not to reproduce, modify, or prepare derivative works of, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Platform or any content thereon, without our express written consent. You also agree not to copy, modify, or reverse engineer the software code which underlies the Platform. You are not permitted to use any trademark or trade name of PLAYHER Sports Media Inc., including the PLAYHER name and logo, without our express written permission.

USE OF AI, ANALYTICS, AND AGGREGATE DATA

You acknowledge and agree that we may process, analyze, and use data generated by your use of the Platform, including in aggregate or de-identified form, with large language models, machine learning systems, and other artificial intelligence technologies, for purposes including, without limitation, the operation, support, and improvement of the Platform; the personalization and recommendation of Content; the detection and prevention of fraud, abuse, and prohibited use; the optimization of Platform features; and the development of new products and services. Any such use will be in accordance with our privacy policy and applicable privacy laws.

MOBILE APPLICATIONS; APP STORES

Licence. Where the PLAYHER mobile application is made available on the Apple App Store, Google Play, or any other app marketplace we designate, we grant you a limited, personal, non-exclusive, non-transferable, non-sub-licensable, revocable licence to download, install, and use the application on a mobile device that you own or control, solely for your personal use in connection with the Platform and in accordance with these Terms and the usage rules applicable to the relevant app store.

Apple App Store. If you download the PLAYHER mobile application from the Apple App Store, you acknowledge and agree that: (a) these Terms are concluded between you and PLAYHER only, and not with Apple, Inc. (“Apple”); (b) PLAYHER, and not Apple, is solely responsible for the iOS application and the content thereof; (c) you may use the iOS application only on an Apple-branded product that you own or control and as permitted by the App Store Terms of Service; (d) Apple has no obligation whatsoever to furnish any maintenance or support with respect to the iOS application; (e) Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; and (f) you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo and that you are not listed on any U.S. Government list of prohibited or restricted parties; and (g) any question, complaint, or claim with respect to the iOS application may be directed to PLAYHER by email at legal@playher.co or by mail to PLAYHER Sports Media Inc. at its registered office.

Google Play. If you download the PLAYHER mobile application from Google Play, you acknowledge and agree that these Terms are concluded between you and PLAYHER only, and not with Google LLC (“Google”), and that your use of the Android application must also comply with the Google Play Terms of Service, as may be updated by Google from time to time. PLAYHER, and not Google, is solely responsible for the Android application. You may delete your account, and request deletion of the personal information associated with it, from within the Android application or by contacting us at legal@playher.co, as described in our privacy policy. Our collection, use, and disclosure of personal information through the Android application is described in our privacy policy and is reflected in the Data safety disclosure we publish on Google Play.

LINKED SITES AND THIRD-PARTY SERVICES

Whether or not we are affiliated with websites or third-party vendors that may be linked to the Platform, you agree that we are not responsible for their content. Internet links found on the Platform, whether posted by us or a third party, are not an endorsement, and we do not represent or warrant the accuracy or truth of the contents, or endorse the products, services, or information found on those websites. You access those links and corresponding websites at your own risk. Your use of any third-party service — including Shopify, any third-party sign-on provider, and any service of a Data Provider — is governed by the terms of that third party.

ACCEPTANCE OF RISK AND DISCLAIMERS

THE PLATFORM AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

WITHOUT LIMITING ANY OTHER SECTION OF THESE TERMS, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU SUFFER ARISING FROM THE ACTS OR OMISSIONS, INCLUDING BUT NOT LIMITED TO THE NEGLIGENT, RECKLESS, OR FRAUDULENT ACTS OR OMISSIONS, OF OTHER USERS OF THE PLATFORM, OUR INDEPENDENT CONTRACTORS, DATA PROVIDERS, OR THIRD-PARTY SERVICE PROVIDERS.

WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT ANY CONTENT (INCLUDING LIVE SCORES AND STATISTICS) WILL BE ACCURATE, COMPLETE, OR CURRENT, OR THAT ANY DEFECTS WILL BE CORRECTED.

LIMITATION OF OUR LIABILITY

EXCEPT FOR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR WILFUL MISCONDUCT), YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE OR OTHERWISE, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.

IF YOU ARE DISSATISFIED WITH THE PLATFORM OR DO NOT AGREE WITH ANY PART OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PLATFORM.

IN ADDITION TO THE ABOVE LIMITATION ON LIABILITY, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE TOTAL, CUMULATIVE, AND AGGREGATE LIABILITY OF PLAYHER AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AND AGENTS (COLLECTIVELY, THE “PLAYHER PARTIES”), TAKEN TOGETHER, FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION OF EVERY KIND AND NATURE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, EQUITY, OR OTHERWISE, RELATING TO OR IN ANY WAY ARISING FROM THE USE OF THE PLATFORM, OR IN ANY WAY RELATED TO THESE TERMS, EXCEED THE GREATER OF (I) CAD $50.00; OR (II) THE AMOUNTS YOU HAVE PAID TO US IN RELATION TO YOUR USE OF THE PLATFORM, IF ANY, IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM. THIS IS A SINGLE, AGGREGATE CAP ON THE TOTAL AMOUNT RECOVERABLE FROM THE PLAYHER PARTIES COLLECTIVELY, AND THE EXISTENCE OF MULTIPLE CLAIMS, MULTIPLE CAUSES OF ACTION, MULTIPLE EVENTS GIVING RISE TO LIABILITY, OR MULTIPLE CLAIMANTS SHALL NOT ENLARGE, MULTIPLY, OR OTHERWISE INCREASE THIS CAP. THIS LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET OUT IN THESE TERMS.

YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE PLATFORM WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY THE PLAYHER PARTIES, AND TO DEFEND AND HOLD EACH OF THEM HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES ON A FULL-INDEMNITY BASIS) WHICH MAY ARISE FROM OR RELATE TO: (I) YOUR VIOLATION OF THESE TERMS OR ANY POLICY INCORPORATED BY REFERENCE; (II) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION, INCLUDING ANY GAMING, GAMBLING, PRIVACY, OR INTELLECTUAL PROPERTY LAW OF ANY JURISDICTION FROM WHICH YOU ACCESS THE PLATFORM; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY RIGHT; (IV) ANY BREACH OF A REPRESENTATION OR WARRANTY MADE BY YOU TO US; (V) ANY USER CONTENT YOU POST, UPLOAD, OR SUBMIT TO THE PLATFORM; AND (VI) YOUR USE OR MISUSE OF ANY CONTENT, INCLUDING ANY USE OF CONTENT IN CONNECTION WITH BETTING, WAGERING, OR GAMBLING.

GLOBAL ACCESS

The Platform is operated by us from Canada. We make no representation that the Platform or any Content is appropriate, lawful, or available for use in any particular jurisdiction. Those who choose to access the Platform from any jurisdiction do so on their own initiative and are solely responsible for compliance with the laws of that jurisdiction, to the extent those laws apply.

GOVERNING LAW AND FORUM

These Terms, all documents incorporated by reference, and your relationship with us shall be governed by, construed, and enforced in accordance with the laws of the Province of Ontario, Canada (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province, without regard to conflict-of-law principles.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY ATTORN AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE PROVINCE OF ONTARIO (AND ANY APPELLATE COURTS THEREFROM) FOR THE RESOLUTION OF ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, ANY DOCUMENT INCORPORATED BY REFERENCE, OR YOUR RELATIONSHIP WITH US.

SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

NO CONSTRUCTION AGAINST DRAFTER

If an ambiguity or question of intent arises with respect to any provision of these Terms, these Terms shall be construed as if drafted jointly by the parties, and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions.

WAIVER OF CLASS PROCEEDINGS AND TRIAL BY JURY

To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits or class proceedings against us, our contractors, employees, shareholders, successors, assigns, and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.

INCORPORATION BY REFERENCE

All policies referred to in these Terms or anywhere on the Platform are hereby incorporated by reference, including but not limited to our privacy policy, any community guidelines or acceptable use policy posted on the Platform, any official rules for a promotion or contest.

EXTRAORDINARY EVENTS / FORCE MAJEURE

You agree and acknowledge that extraordinary events outside of our control may impact the functionality, availability, or uptime of the Platform. Examples of extraordinary events include, without limitation: (i) acts of God, landslide, flood, tempest, washout, fire, lightning, earthquake, or storms; (ii) actions of military, naval, or civil authorities, war, revolution, political disturbance, or terrorism; (iii) civil disturbance, blockade, sabotage, vandalism, riot, insurrection, strike, or lockout; (iv) expropriation, acts or restraints of a governmental body or authority, or any law, rule, regulation, or order duly passed by governmental authorities; (v) outbreaks of disease, viruses, or quarantine; (vi) anticipated or actual public-health orders; (vii) the cancellation, postponement, suspension, or unavailability of any sporting event, league, season, or competition; (viii) cyberattack, malware, denial-of-service, or discovery of cyber-vulnerabilities; (ix) hardware, software, networking, or data-centre issues affecting the Platform or any third-party service used by the Platform (including any interruption or failure of any Data Provider feed); or (x) any other event or eventuality that could prevent or materially affect the operation of the Platform. You agree that we are not responsible or liable to you for any damages you may suffer directly or indirectly as a result of an extraordinary event.

TERMINATION

You can stop using the Platform at any time. If you have an account, you may delete it at any time from within your account settings on the Platform, including from within the PLAYHER mobile applications, or by contacting us at legal@playher.co. Deleting your account removes your account and your saved preferences from the Platform, subject to any information we are required or permitted by law to retain and as otherwise described in our privacy policy.

We also reserve the right to suspend your account or access to the Platform at any time, with or without reason or cause, and with or without notice.

The cancellation, suspension, or termination of access to the Platform shall not terminate these Terms. In particular, and without limiting the generality of the foregoing, the following survive: any provision concerning proprietary rights and intellectual property; our use of AI, analytics, and aggregate data; the disclaimers and acceptance of risk; the limitation of our liability; your indemnification obligations (which are expressly intended to survive); the survival of representations and warranties; governing law and forum; no construction against the drafter; waiver of class proceedings and trial by jury; the right to seek injunctive relief; severability; and any other provision of these Terms which, by its nature or context, is intended to survive, or which is necessary to give business efficacy to these Terms following termination.

ASSIGNMENT OF THIS AGREEMENT

These Terms shall enure to the benefit of and are binding upon the parties and their respective successors and permitted assigns. You agree that we may assign these Terms to any successor or assignee, whether pursuant to the purchase of the Platform by a third party, the transfer of control of PLAYHER Sports Media Inc., or otherwise. You may not assign your rights or obligations under these Terms without our prior written consent.

RIGHT TO SEEK INJUNCTION

Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief, including, but not limited to, temporary restraining orders, preliminary injunctions, and permanent injunctions, without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.

WAIVER

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

NEW FEATURES

Any new features that augment or enhance the current Platform, including the release of new versions, new products or services, tools, and resources, shall be subject to these Terms.

ENTIRE AGREEMENT

These Terms, together with the documents and policies incorporated by reference, constitute the entire agreement between the parties relating to the matters contained herein and shall not be modified except (i) by publication of a subsequent version of these Terms by us and the terms governing amendments herein; or (ii) in writing, in an addendum or other agreement, signed by a duly authorized representative of PLAYHER Sports Media Inc.

NOTICES

Any notice required or permitted to be given under these Terms must be in writing and delivered: (a) to PLAYHER, by email at legal@playher.co (or such other address as we may post on the Platform for legal notices), with a copy by registered mail to PLAYHER Sports Media Inc. at its registered office; and (b) to a user, by email to the address associated with the user’s account (if any) or by in-Platform notification. Notice is deemed received on the day of email transmission (if sent on a business day before 5:00 p.m. Eastern time, otherwise the next business day) or, for registered mail, five (5) business days after confirmation of receipt. Users are responsible for keeping their account email current.