Terms & Conditions

1.Who we are and what these Terms cover

We are Fluid Events Inc., carrying on business as eventmate ("eventmate," "we," "us," or "our"), a corporation with its registered office at 2229 Kingston Road, Scarborough, Ontario M1N 1T8, Canada.

We operate the marketing and information website at https://www.eventmate.ca and the application site at https://app.eventmate.ca (together, the "Site"), the eventmate web and mobile application accessed through the Site (the "App"), and related products and services that link to these terms (together, the "Services"). The Services are a digital platform that helps event organizers plan and run events, manage guest lists and check-in, display event information and messages, run silent and live auctions, sell items on site, collect donations, and generate donation receipts, including at fundraising events for charities and not-for-profit organizations.

These Terms of Use (the "Terms") are a binding agreement between you and eventmate governing your access to and use of the Services. Please read them carefully. If you do not agree to these Terms, do not use the Services.

2.Definitions

In these Terms:

"Attendee" means an individual who accesses an Event through the Services, whether in person or online, including guests, ticket holders, bidders, and participants.

"Auction" means a silent auction, live auction, or similar bidding feature made available through the Services.

"Auction Item" means an item, service, or experience offered by an Organizer through an Auction.

"Bid" means an offer submitted by a Bidder for an Auction Item through the Services.

"Bidder" means an End User who submits a Bid.

"Contribution" or "User Content" means any content that a user submits, posts, uploads, transmits, or displays through the Services, including names, messages, comments, photographs, guest list information, and Auction Item descriptions, and includes content submitted for display at an Event.

"Donation" means a gift of money made by a Donor to an Organizer through the donation features of the Services.

"Donor" means an individual or entity that makes a Donation through the Services.

"End User" means any person who accesses or uses the Services other than an Organizer, including Attendees, Donors, Bidders, and purchasers of items through on-site sales.

"Event" means an event created, hosted, or administered by an Organizer using the Services.

"Organizer" or "Client" means the charity, not-for-profit, business, or other organization that registers for an account, subscribes to the Services, and uses the Services to create and administer Events. The Organizer is our customer.

"Platform Fee" means the fee described in Section 9 that eventmate charges on Transactions processed through the Services.

"Service Providers" means the third parties we use to operate the Services, as described in Section 14.

"Stripe" means Stripe, Inc. and its affiliates, the third-party payment processor used to process payments through the Services.

"Transaction" means any payment processed through the Services, including a Donation, an on-site sale, and a payment for a winning Bid in an Auction.

3.Who these Terms apply to and how you accept them

These Terms apply both to Organizers and to End Users. Some sections apply only to Organizers, some apply only to End Users, and the rest apply to everyone. Each section states who it applies to where that is not obvious.

You accept these Terms when you do any of the following: register for an account, subscribe to the Services, access an Event through a link or QR code, make a Donation, submit a Bid, purchase an item, submit User Content, or otherwise use the Services. If you use the Services on behalf of an organization, you confirm that you have authority to bind that organization to these Terms, and "you" includes that organization.

4.The Services

eventmate provides tools that allow Organizers to, among other things, upload and display event materials such as schedules and floor plans, manage guest lists and check-in, display messages and recognition content on screens at Events, run silent and live Auctions, sell items on site, collect Donations through Stripe, and generate donation receipts using the Organizer’s own charitable registration and signatory details.

eventmate is a technology platform only. We facilitate the management of Events and the collection of Donations and other payments. We are not the organizer or host of any Event, we are not a charity, we are not a payment processor, we are not the auctioneer or seller of any Auction Item, and we are not a party to the relationship between an Organizer and its Attendees, Donors, Bidders, or purchasers. We do not receive, hold, or control Transaction funds, which are processed through Stripe and paid to the Organizer.

The Services are offered from Canada and are directed to Organizers and End Users in Canada, save and except for the Province of Quebec. Certain features, including donation receipt generation, are built for Canadian tax rules and are not suitable for organizations outside Canada. If you access the Services from Quebec or from outside Canada, you do so on your own initiative and you are responsible for complying with the laws that apply to you.

We may change, add, or remove features of the Services at any time. We do not guarantee that any particular feature will remain available.

5.Eligibility and age

This section applies to everyone.

Organizers. To register an Organizer account you must be at least 18 years old and authorized to bind the organization you represent.

End Users. You must be at least 18 years old to make a Donation, submit a Bid, or purchase an item through the Services. If you are under 18, you may attend an Event and use non-transactional features only with the consent and supervision of a parent, guardian, or the Organizer, and a parent or guardian must accept these Terms on your behalf and complete any Transaction on your behalf. By making a Donation, submitting a Bid, or making a purchase, you confirm that you are at least 18 years old or that a parent or guardian has authorized the Transaction.

Children. The Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13. If we become aware that we have done so, we will delete it. If you believe a child has provided us with personal information, contact us at the address in Section 24.

Enforcement. We do not verify age. If we or an Organizer become aware that a Transaction was made by a person under 18 without parental or guardian authorization, the Organizer may cancel or reverse the Transaction, and we may remove the associated content and suspend access.

6.Accounts (Organizers)

This section applies to Organizers.

To use the Services to administer Events, you must register for an account and provide accurate, current, and complete information. You are responsible for keeping your account credentials confidential and for all activity under your account. You must notify us promptly of any unauthorized use. We may suspend, reclaim, or change a username that we reasonably consider inappropriate or that infringes the rights of a third party.

To collect Transaction funds you must also open and maintain a Stripe account, including a Stripe Connect account for payouts, and comply with Stripe’s own agreements. We may suspend your ability to collect funds if your Stripe account is closed, restricted, or not in good standing.

7.Organizer responsibilities

This section applies to Organizers.

As an Organizer, you are responsible for your Event and your relationship with your Attendees, Donors, Bidders, and purchasers. In particular, you represent, warrant, and agree that:

(a)you are duly organized and validly existing, and you have the authority to enter into these Terms and to run your Event;

(b)if you hold yourself out as a registered charity or other qualified donee, you are in fact registered and in good standing, and the registration number, legal name, address, logo, and authorized signatory details you provide to us are accurate and you are authorized to provide and use them;

(c)you will comply with all laws that apply to your Event and your fundraising, including laws governing charitable fundraising and registration, donation receipts, auctions and sales, consumer protection, sales tax, anti-spam, and privacy;

(d)the information you publish about your Event, your organization, and any Auction Item is accurate and not misleading, including any stated value of an Auction Item;

(e)you are solely responsible for the issuance, content, accuracy, and eligibility of every donation receipt generated through the Services, as described in Section 11, and you authorize us to generate receipts on your behalf using the details you provide;

(f)you are solely responsible for the conduct of your Auctions, for the description, ownership, value, availability, and delivery of every Auction Item, and for resolving any dispute with a Bidder;

(g)any personal information you upload to the Services, including guest lists, was collected lawfully and you have the consent or other legal authority needed for us to process it on your behalf, and you will not upload sensitive personal information unless it is necessary for your Event and you have obtained appropriate consent;

(h)any message you send through the Services, including emails and text messages to Attendees and Bidders, complies with Canada’s anti-spam legislation and other applicable law, including consent, identification, and unsubscribe requirements; and

(i)you are responsible for determining whether public-facing display features, such as donation walls and recognition screens, are appropriate for your Event and audience, for the content you choose to display, and for monitoring and moderating that content during your Event; and

(j)you will honour a request from an Attendee, Donor, Bidder, or purchaser not to have their name, the fact or the amount of their Donation, Bid, or purchase, or a message they have submitted displayed publicly at your Event, and you will remove that content from any continuing display as soon as reasonably practicable after receiving the request, using the controls the Services make available.

eventmate does not verify, and is not responsible for, the legitimacy, charitable status, or conduct of any Organizer, or the truth of any statement an Organizer makes about itself, its Event, or any Auction Item.

8.Subscriptions and billing (Organizers)

This section applies to Organizers.

Access to certain Services requires a paid subscription. The plans, features, and prices available to you are shown at the time you subscribe. All fees are stated and payable in Canadian dollars unless we state otherwise. Applicable taxes, including HST, will be added.

Unless your plan states otherwise, subscriptions renew automatically for successive terms, and you authorize us to charge your payment method on a recurring basis until you cancel. You may cancel at any time through your account, and cancellation takes effect at the end of your current paid term.

Subscription fees are non-refundable except at our discretion.

We may change subscription prices on reasonable advance notice, and any change takes effect at your next renewal.

9.Transactions, fees, and refunds

This section applies to Organizers and to End Users.

Payment processing through Stripe. All Transactions are processed through Stripe. eventmate does not receive, hold, or control these funds. To collect funds, an Organizer must maintain an active Stripe account, including Stripe Connect, in good standing and connected to the Services. Your use of Stripe is subject to Stripe’s own terms and privacy policy. eventmate is not responsible for Stripe’s services, including any delay, error, failed transaction, chargeback, or dispute, which must be resolved with Stripe or with the Organizer.

Payouts. Funds from Transactions are transferred to the Organizer by Stripe on a rolling seven day schedule, which means that funds from a Transaction generally become available to the Organizer approximately seven days after the Transaction is processed. This schedule is set by Stripe under the payout arrangement available to eventmate through Stripe Connect; it is not a delay imposed by eventmate, and eventmate cannot shorten it. Stripe may hold funds for longer in some circumstances, including where a Transaction is under review, where a chargeback or dispute is outstanding, or where an Organizer’s Stripe account is newly opened, restricted, or subject to further verification. Stripe may also change its payout schedules from time to time. Organizers should plan Event cash flow on the basis that Transaction funds are not immediately available.

Platform Fee. eventmate charges a Platform Fee of three percent (3%) of the amount of every Transaction processed through the Services, including Donations, on-site sales, silent Auction purchases, and live Auction purchases. The Platform Fee is deducted before funds are transferred to the Organizer. Stripe also charges its own processing fees, which are separate from the Platform Fee. eventmate has no control over Stripe’s fees.

Who bears the fees. Stripe’s processing fees are always borne by the Organizer and are deducted from the amount transferred to the Organizer. The Platform Fee is deducted from the amount transferred to the Organizer, unless the Organizer has enabled fee coverage and the payer elects to cover it. Where fee coverage is enabled and elected, the payer pays the amount of the Donation or purchase plus the Platform Fee, and the Platform Fee is not deducted from the amount transferred to the Organizer. Electing to cover fees does not cover Stripe’s processing fees, and the Organizer does not receive the full amount paid in any case. The Services will show you the applicable amounts before you complete your Transaction.

Where fee coverage is offered. Fee coverage is available on Donations and on silent Auction purchases only. It is not available on live Auction purchases or on-site sales, where the Platform Fee and Stripe’s processing fees are always deducted from the amount transferred to the Organizer. eventmate may change the Transaction types on which fee coverage is offered from time to time, and the Services will show the applicable amounts before a Transaction is completed.

Example. If you make a $100 Donation and fees are deducted, the Platform Fee is $3 and Stripe’s processing fee is approximately $2.90, so the Organizer receives about $94.10. If you elect to cover the Platform Fee, you pay $103, Stripe’s processing fee of approximately $2.90 is still deducted, and the Organizer receives about $97.10. In either case, if you are eligible for a donation receipt, your receipt is for the amount of your gift to the Organizer, not the amount the Organizer receives after fees. See Section 11.

Currency. Transactions are processed in Canadian dollars unless the Services state otherwise at the point of payment.

Refunds. The right to issue a refund on a Transaction belongs to the Organizer, not to eventmate. Organizers may process refunds through the Services, including for Donations, subject to Stripe’s rules and timelines. If you want a refund, you must contact the Organizer. Donations are gifts and an Organizer is not obliged to refund them. eventmate does not refund the Platform Fee on a refunded Transaction, and any fee amount you chose to cover is not returned. For example, if you paid $103 consisting of a $100 Donation and $3 in fees you elected to cover, a full refund of your Donation returns $100.

Refunds and receipts. If a Transaction for which a donation receipt was issued is refunded in whole or in part, the Organizer is responsible for cancelling or replacing that receipt and for keeping the required records. See Section 11.

10.Auctions

This section applies to Organizers and to Bidders.

How Auctions work. Organizers may offer Auction Items through silent or live Auctions. The Organizer sets the terms of its Auction, including the items offered, any starting price, bid increment, reserve price, closing time, and arrangements for payment, collection, and delivery.

Bids are binding. When you submit a Bid, you make a binding offer to purchase the Auction Item at that amount on the Organizer’s terms. You may not retract a Bid once submitted. If you are the winning Bidder, you must pay the amount of your winning Bid and you are responsible for collecting or arranging delivery of the Auction Item with the Organizer.

Notifications. If you submit a Bid, you agree that we and the Organizer may send you emails and text messages about the Auction, including confirmations, outbid notices, closing reminders, and results. Message and data rates may apply. You may opt out of non-essential messages as described in those messages, but we may still send you messages necessary to complete a Transaction you have entered into.

eventmate’s role. eventmate is not the seller or auctioneer. We do not own, inspect, value, appraise, warrant, deliver, or take responsibility for any Auction Item, and we make no representation about its description, condition, authenticity, value, or availability. All matters relating to an Auction Item, including any dispute, are between the Bidder and the Organizer.

Receipting for Auctions. The Organizer is fully and solely responsible for determining whether any receipt is to be issued in respect of a payment for an Auction Item, what type of receipt is issued, and the amount that receipt reflects. See Section 11.

11.Donation receipts

This section applies to Organizers and to Donors.

Who issues receipts. Where an Organizer is a registered charity or other qualified donee, the Organizer, and not eventmate, is the issuer of every official donation receipt. eventmate provides a technical service that generates receipts on the Organizer’s behalf and at its direction, using the registration number, legal name, address, logo, and authorized signatory details the Organizer supplies. By using this feature, the Organizer authorizes us to generate and issue receipts in its name using those details and confirms that it is entitled to do so.

Organizer responsibility. The Organizer is solely responsible for determining whether a payment is eligible to be receipted, for determining the amount that may be receipted, for the content, accuracy, numbering, and retention of receipts, and for compliance with all Canada Revenue Agency requirements. The Organizer is responsible for reviewing the receipts issued through the Services. eventmate does not provide tax advice and does not determine the eligibility or eligible amount of any payment.

Amount receipted for Donations. Where a payment is a gift, the receipt is for the full amount of the gift the Donor made, and not for the lower amount the Organizer receives after the Platform Fee and Stripe’s processing fees are deducted. For example, if a Donor makes a $100 Donation, the receipt is for $100, even though the Organizer receives about $94.10 after fees.

Determining what is receipted. The Organizer is fully and solely responsible for determining, in respect of every Transaction, whether a charitable donation receipt or a receipt for a purchase is to be issued, whether any receipt is to be issued at all, and the amount that the receipt reflects. eventmate does not provide tax advice, makes no determination about the character of any payment, and is not responsible for the type or the amount of any receipt issued through the Services.

One receipt for each Transaction. The Services issue a single receipt of a single type for each Transaction and are not able to apportion one Transaction between a charitable donation receipt and a receipt for a purchase. Where an Organizer requires amounts within a payment to be receipted differently, it must collect those amounts as separate Transactions through the Services or address the matter outside the Services. The Organizer is responsible for configuring its Event accordingly and for satisfying itself that the Services meet its receipting requirements before using them.

Refunded Transactions. If a receipted Transaction is refunded, the Organizer is responsible for cancelling or replacing the receipt and retaining the required records.

Information used. To support receipting, the Services collect and make available to the Organizer the information needed for a receipt, including the Donor’s name, address, and payment amount. This is described in our Privacy Policy.

12.User Content and conduct

This section applies to everyone who submits content.

The Services allow users to submit User Content, including messages and names that may be displayed publicly at an Event, for example on donation walls, recognition screens, leaderboards, and live event screens.

Content standards. You must not submit User Content that is unlawful, defamatory, threatening, abusive, harassing, hateful, discriminatory, obscene, profane, fraudulent, misleading, or that infringes the rights of any person. You must not use the Services to promote violence or to harass or harm any person or group.

Responsibility. You are solely responsible for your User Content. You represent that you own it or have the rights needed to submit it, and that it does not breach these Terms or any law or third-party right.

Licence to eventmate. You grant eventmate a non-exclusive, royalty-free licence to host, store, reproduce, format, display, and transmit your User Content as needed to operate and provide the Services, including displaying it at or in connection with the applicable Event. You grant the applicable Organizer a licence to use and display User Content you submit for its Event for the purpose of hosting and promoting that Event. eventmate does not claim ownership of your User Content and you retain all rights in it. We will not use User Content that identifies you in our own marketing or promotional materials without your consent.

Moderation and Organizer control. eventmate and the Organizer each have the right, but not the obligation, to review, screen, filter, delay, edit for formatting, refuse, remove, or disable any User Content, including in real time during an Event, and to suspend public display features, where either reasonably considers it necessary or appropriate, for example to prevent the display of offensive or inappropriate content. The Organizer is responsible for monitoring its Event and for deciding what content is displayed at its Event.

Requests not to be displayed. An Attendee, Donor, Bidder, or purchaser may ask not to have their name, the fact or the amount of their Donation, Bid, or purchase, or a message they have submitted displayed publicly at an Event. A request of that kind is made to the Organizer, and under Section 7 the Organizer must honour it. If eventmate receives a request of this kind it may pass it to the Organizer, but eventmate is under no obligation to receive, action, or monitor requests of this kind, and responsibility for honouring them rests with the Organizer. Neither eventmate nor the Organizer can recall User Content that has already been displayed at an Event and seen, photographed, or recorded by others. This provision is intended to align with the corresponding provision of the Privacy Policy.

No obligation to moderate, and no liability for content. eventmate is under no obligation to monitor, screen, review, filter, or moderate User Content, and does not undertake to do so. Any moderation, filtering, or profanity screening tool we make available is provided as a convenience and on an "as is" basis, and we do not warrant that it will detect, block, or remove any particular content. If we exercise a right to moderate on any occasion, that does not create an obligation or a duty of care to do so on any other occasion, and does not make us responsible for User Content.

To the fullest extent permitted by law, eventmate is not liable for any loss, damage, or expense arising out of or relating to User Content, including User Content that is offensive, abusive, hateful, discriminatory, defamatory, profane, or otherwise inappropriate, and including any loss arising from our decision to display or not to display content, our decision to remove or not to remove content, or any failure, delay, or error in screening, filtering, moderating, or removing content. This applies whether or not the content was displayed at an Event, and it includes any loss of donations, Auction proceeds, ticket or on-site sales, attendance, sponsorship, goodwill, or reputation suffered by an Organizer, an Attendee, or any other person, and any decision by any person to leave an Event, to withhold a donation, or not to participate. Responsibility for User Content rests with the person who submitted it and, in respect of what is displayed at an Event, with the Organizer.

Prohibited use of the Services. You must not use the Services to break the law, infringe rights, transmit malware, interfere with or disrupt the Services, scrape or harvest data, attempt to gain unauthorized access, reverse engineer the Services, impersonate others, manipulate an Auction, or use the Services to compete with us.

13.Intellectual property and marketing rights

The Services, including all software, content, designs, text, graphics, and the eventmate name and logos, are owned by or licensed to eventmate and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for their intended purpose, and, if you are an Organizer, to administer your Events. You may not copy, modify, distribute, sell, or exploit the Services or our content except as these Terms allow.

Organizer name and logo (client identification). If you are an Organizer, you grant Fluid Events Inc. a non-exclusive, royalty-free, worldwide licence to use and display your organization’s name and logo to identify you as a client or user of eventmate for marketing and promotional purposes, including on the eventmate website, in client showcases, and in general marketing materials. eventmate will not use your name or logo in a false, misleading, or disparaging manner, and will not alter your logo beyond standard formatting or sizing for display.

Testimonials. If you provide eventmate with a testimonial, quotation, or endorsement, you grant us permission to publish it, together with your name, title, and organization, on our website and in our marketing materials, unless you tell us otherwise in writing at the time.

Continuation after termination. The licences in this Section continue after these Terms end or your account is terminated, and continue until you ask eventmate to stop in writing. Following your written request, eventmate: (a) is not required to remove or recall any materials already printed or otherwise in circulation; and (b) will remove references to you from digital media within its control, such as its website and social media accounts, within sixty (60) days of the request. This provision is intended to align with the corresponding provision of the Privacy Policy.

14.Service Providers and third-party services

We use third parties to operate the Services. These currently include Stripe for payment processing and payouts, Supabase for authentication, database, and hosting, PostHog for product analytics and session recording, and providers used to send email and text message notifications. We require these providers by contract to protect personal information to a standard comparable to our own and to use it only for the purposes for which we engaged them. We may add or change service providers from time to time and will update our Privacy Policy accordingly. Some of these providers store or process information outside Canada, including in the United States. Information stored outside Canada may be accessible to foreign courts, law enforcement, and regulatory authorities under the laws of those jurisdictions. Further detail may be found in our Privacy Policy.

The Services may also link to or integrate with other third-party services. Your use of those services is governed by their own terms and privacy policies. eventmate is not responsible for third-party services or content, and including or linking to them is not an endorsement.

15.Privacy

Our collection and use of personal information is described in our Privacy Policy at https://help.eventmate.ca/privacy-policy, which forms part of these Terms.

Where an Organizer uploads or generates personal information about its Attendees, Donors, Bidders, and purchasers, that information belongs to the Organizer and eventmate processes it on the Organizer’s behalf and in accordance with these Terms and the Privacy Policy. The Organizer is responsible for providing notice to, and obtaining any consent required from, those individuals. eventmate is responsible for the personal information it collects for its own purposes, such as Organizer account and marketing information.

16.Disclaimers

Please read this section carefully.

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, eventmate disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Without limiting the above:

(a)we do not guarantee that the Services will be available, uninterrupted, timely, secure, or error-free, and we may experience outages, maintenance, and failures;

(b)we are not responsible if the Services are unavailable or fail during an Event, and we are not responsible for any Donations, sales, Auction proceeds, or fundraising that an Organizer does not receive or achieve as a result;

(c)we do not verify and are not responsible for the legitimacy, charitable status, or conduct of any Organizer, whether Donations are used as intended, or the truth of anything an Organizer or any user says;

(d)we do not provide tax, accounting, or legal advice, and we are not responsible for the eligibility, amount, content, or accuracy of any donation receipt generated through the Services;

(e)we do not monitor or moderate User Content, and we are not responsible for any User Content, or for any loss arising from User Content that is displayed at an Event or from any failure, delay, or error in screening, filtering, moderating, or removing it, including any reduction in donations, Auction proceeds, sales, attendance, or sponsorship, or any harm to the reputation of an Organizer or any other person; and

(f)we are not responsible for any Auction Item, or for the acts or omissions of any Organizer, Attendee, Donor, Bidder, or other user.

Dealings between Organizers and their Attendees, Donors, Bidders, and purchasers are solely between them.

Nothing in this Section limits any right you have that cannot be limited or excluded under applicable consumer protection or other law.

17.Limitation of liability

To the fullest extent permitted by law, Fluid Events Inc. and its directors, officers, employees, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any lost profits, lost revenue, lost donations, lost Auction proceeds, lost sponsorship, lost data, or reputational harm, arising out of or relating to the Services, even if advised of the possibility.

To the fullest extent permitted by law, our total liability arising out of or relating to the Services will not exceed, in the case of an Organizer, the amount of subscription fees the Organizer paid to us in the six months before the event giving rise to the claim, and, in the case of an End User, CAD $100.

Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud, or any right you have under applicable consumer protection law.

18.Indemnification

This section applies to Organizers and to End Users.

If you are an Organizer, you will indemnify and hold harmless eventmate and its directors, officers, employees, and agents from any claim, loss, liability, and reasonable expense, including legal fees, arising out of or relating to your Event, your use of the Services, your User Content, User Content submitted by others and displayed at your Event, your Auctions and Auction Items, your fundraising and receipting, including any receipt generated through the Services using details you supplied, the personal information you upload, your messages to Attendees and Bidders, your compliance or non-compliance with law, or your breach of these Terms.

If you are an End User, you will indemnify eventmate on the same basis for claims arising out of your User Content, your Bids, your use of the Services, or your breach of these Terms.

We may assume the defence of any matter subject to indemnification, and you will cooperate with us.

19.Term, suspension, and termination

These Terms apply while you use the Services. We may suspend or terminate your access, or an Organizer’s account, if you breach these Terms, if we are required to by law, or to protect the Services, other users, or the public. An Organizer may terminate by closing its account, subject to Section 8.

On termination, the licence you granted to operate the Services for your content ends, except as needed to complete an Event already in progress. The marketing licences in Section 13 survive termination and continue as set out in that Section. In particular, the Organizer name and logo licence continues until the Organizer asks eventmate to stop in writing, after which eventmate is not required to remove materials already printed or in circulation and has sixty (60) days to remove references in digital media within its control.

On termination, we will make an Organizer’s data available for export, and will retain or delete personal information in accordance with our Privacy Policy and applicable law.

Sections that by their nature should survive termination will survive, including those on fees owing, intellectual property and marketing rights, receipting responsibility, disclaimers, limitation of liability, indemnification, and dispute resolution.

20.Changes to these Terms and the Services

We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms with a new "last updated" date and, where appropriate, by other reasonable means. Your continued use of the Services after changes take effect means you accept the updated Terms. We may also change or discontinue the Services or any feature as described in Section 4.

21.Dispute resolution

Please read this section carefully. It affects how disputes are resolved.

Good faith and mediation. If a dispute arises out of or relating to these Terms or the Services, the parties will first try to resolve it through good faith discussion. If that does not resolve the dispute within 30 days, the parties will submit the dispute to mediation in Toronto, Ontario, administered under the ADR Institute of Canada mediation rules.

Arbitration. If mediation does not resolve the dispute, the dispute will be finally resolved by arbitration seated in Toronto, Ontario, conducted in English before a single arbitrator under the ADR Institute of Canada Arbitration Rules and the *Arbitration Act, 1991* (Ontario). The arbitrator’s decision is final and binding.

Small claims. Nothing in this Section requires an End User to mediate or arbitrate a claim that is within the monetary jurisdiction of a small claims court. An End User may bring an individual claim against eventmate in the small claims court of the province in which the End User resides, and eventmate may bring an individual claim against an End User in the small claims court of that province.

Consumers. Nothing in this Section prevents an individual who is a consumer under applicable provincial consumer protection legislation from bringing a claim in court, including as part of a class proceeding, where that legislation gives them that right despite an agreement to arbitrate.

Exceptions. Either party may seek injunctive or other equitable relief, and may bring a claim to protect or enforce intellectual property rights, in a court of competent jurisdiction in Ontario.

Non-disparagement. The parties agree not to make public statements that disparage the other in relation to a dispute, including on social media or review websites, subject to each party’s right to make truthful statements required by law or to a regulator.

22.Governing law

These Terms are governed by the laws of the Province of Ontario and the laws of Canada that apply there. Subject to Section 21, the courts of Ontario have jurisdiction, and you consent to that jurisdiction. If you are an individual consumer resident in another province, this does not deprive you of the protection of the mandatory consumer protection laws of your province.

23.General

Entire agreement. These Terms, together with the Privacy Policy and any order or plan you agree to, are the entire agreement between you and eventmate about the Services.

Severability. If any provision is found unenforceable, the rest remain in effect.

Waiver. Our failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms without our consent. We may assign them in connection with a reorganization, financing, or sale of our business.

Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

Notices. We may provide notices to you through the Services or by email. You may contact us as set out below.

Electronic acceptance. You agree to contract electronically, and that your electronic acceptance and our electronic records satisfy any requirement for a signature or writing.

No partnership. These Terms do not create any partnership, joint venture, agency, or employment relationship between you and us.

24.Contact us

Fluid Events Inc. o/a eventmate

2229 Kingston Road

Scarborough, Ontario M1N 1T8

Canada

Email: hello@eventmate.ca