EngagePlay — Terms of Service

These Terms of Service ("Terms") govern access to and use of the EngagePlay platform, websites at engageplay.app, applications, and related services (collectively, the "Service"). By creating an account, subscribing, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

The Service has two kinds of users: (a) Business Users — businesses that subscribe to run prize-wheel, review, and messaging campaigns; and (b) End Users / Players — consumers who interact with a Business User's campaign (e.g., spinning a prize wheel, leaving feedback, redeeming a voucher). Some sections below apply only to one group, as noted.

1. Eligibility and accounts

You must be at least the age of majority in your province (18 in Ontario) to create a Business User account. You are responsible for the accuracy of your account information, for keeping credentials secure, and for all activity under your account. Notify us promptly of any unauthorized use.

2. The Service (Business Users)

EngagePlay provides tools to create and run customer-engagement campaigns, including spin-to-win prize wheels, review/feedback collection, voucher issuance and redemption, branded promotional graphics, and email and SMS messaging to customers who have provided consent. Features available to you depend on your subscription plan. We may add, change, or remove features over time.

3. Your responsibilities (Business Users)

You are solely responsible for: the prizes, offers, discounts, and voucher terms you configure and honour; the accuracy and legality of your content and campaigns; obtaining all consents required to contact your customers (see the Privacy Policy and SMS/Messaging Terms); complying with all applicable laws, including Canada's Anti-Spam Legislation (CASL), consumer-protection and contest/promotion laws, and the Personal Information Protection and Electronic Documents Act (PIPEDA) and any applicable provincial privacy laws; and the relationship and any disputes with your own customers. EngagePlay is a technology provider; we are not the merchant, sponsor, or guarantor of any prize, offer, or voucher you issue.

4. End User terms (Players)

If you participate in a campaign run by a Business User, you do so under the promotion rules shown on that campaign. No purchase is necessary to play or to win, and a purchase does not improve your chances; where an offer requires a minimum spend, that applies only to redeeming the reward. Prizes, vouchers, and offers are provided and fulfilled by the Business User (the "Sponsor"), not by EngagePlay, and are subject to the conditions shown when you win (e.g., one per customer, expiry date). We are not responsible for a Sponsor's failure to honour a prize or voucher. By providing your email or phone number you agree to our Privacy Policy and, where you opt in, our SMS/Messaging Terms.

5. Subscriptions, fees, and billing (Business Users)

Paid plans are billed in advance on a recurring basis (monthly or annual) through our payment processor. Fees, plan inclusions, usage allotments (including SMS segment limits), and any overage or add-on charges are as described at purchase or in your account. Unless stated otherwise: fees are in the currency shown at checkout and are exclusive of applicable taxes; subscriptions renew automatically until cancelled; and you may cancel effective at the end of the current billing period. Except where required by law, fees already paid are non-refundable. We may change pricing on renewal with prior notice.

6. Messaging and communications

Email and SMS features must be used only to contact recipients who have given the consent required by law. Use of SMS is further governed by our SMS/Messaging Terms. You are responsible for honouring opt-out requests and for the content of messages you send through the Service.

7. Acceptable use

You must not use the Service to: violate any law or infringe anyone's rights; send email or SMS to people who have not given the consent required by law, or fail to honour opt-out requests; send spam, deceptive, or fraudulent content, or impersonate others; run prize promotions that are unlawful, deceptive, or that you do not intend to honour; upload illegal, hateful, harassing, or sexually exploitative content; distribute malware, attempt unauthorized access, or interfere with the Service; use messaging filter-evasion techniques such as number rotation or "snowshoeing"; or resell, scrape, or reverse engineer the Service except as permitted by law. We may investigate, remove content, and suspend or terminate access for violations, acting immediately where there is risk of harm, legal exposure, or carrier penalties.

8. Intellectual property

We and our licensors own all rights in the Service, including software, designs, and trademarks ("EngagePlay" and related marks). We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service during your subscription. You retain ownership of content you upload (logos, offers, text); you grant us a licence to host, process, and display that content as needed to provide the Service. You may not copy, reverse engineer, resell, or create derivative works of the Service except as permitted by law.

9. Third-party services

The Service integrates with third-party providers (for example, hosting, email delivery, SMS delivery, and payment processing). Your use may be subject to those providers' terms, and we are not responsible for third-party services. See our Privacy Policy for a list of key processors.

10. Service availability

We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. We may perform maintenance, suspend, or modify the Service. We are not liable for delays or failures of carriers, networks, or third-party providers (including SMS delivery, which depends on mobile carriers and A2P approval).

11. Suspension and termination

We may suspend or terminate access for breach of these Terms, non-payment, suspected fraud or abuse, or to comply with law. You may stop using the Service and cancel at any time. On termination, your right to use the Service ends; we may delete your data after a reasonable retention period (see the Privacy Policy).

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. We do not warrant that messages will be delivered, that campaigns will achieve any result, or that the Service will meet your requirements.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EngagePlay and Connexvn Inc. will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to the Service will not exceed the amounts you paid to us for the Service in the three (3) months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

14. Indemnification (Business Users)

You will indemnify and hold harmless EngagePlay, Connexvn Inc., and our officers, employees, and agents from claims, damages, and costs (including reasonable legal fees) arising from your campaigns, your content, your prizes/offers, your messaging, your breach of these Terms, or your violation of any law or third-party right.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be posted with a new "Last updated" date and, where appropriate, notified to Business Users. Continued use after changes take effect constitutes acceptance.

16. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. The courts located in Ontario will have exclusive jurisdiction, subject to any non-waivable rights you have under consumer-protection law.

17. Contact

Connexvn Inc. (EngagePlay) — privacy@engageplay.app — 204‑1885 Wilson Ave., R1, Toronto, ON M9M 1A2, Canada.