Terms of Service - ShowTrail

Introduction

This Terms of Service Agreement (Agreement) is entered into by and between family.one Inc., a corporation incorporated under the laws of the Canada Business Corporations Act, and the individual identified as the Attendee (Attendee). family.one is the operator of ShowTrail.app, a product of family.one designed to enhance the attendee experience at consumer shows.

Definitions

App: Refers to ShowTrail.app, a mobile application designed for Attendees to navigate consumer shows, interact with Exhibitors, and participate in show-related activities such as contests and scavenger hunts.
Host: The organization responsible for managing the consumer show, including Exhibitor and Attendee interactions.
Exhibitor: Any business, sponsor, or speaker participating in the consumer show who interacts with Attendees through the App.
Attendee: An individual attending the consumer show using the App to navigate, interact with Exhibitors, and participate in show-related activities.
Exhibitor Portal: A web-based portal provided by family.one, through which Exhibitors can manage their digital presence at the consumer show.
Points of Engagement: Refers to activities such as Giveaways, Scavenger Hunts, and Trivia that Attendees can participate in through the app.

Acceptance of Terms

By accessing or using ShowTrail.app, you agree to be bound by these Terms of Service (Terms). These Terms govern your access and use of the App, Exhibitor Portal, including any content, functionality, and services offered on or through them.

User Accounts

Attendees: Attendees can use the App without creating an account, but their access will be limited to basic services such as navigation. To store tickets, plan experiences, enter giveaways, or participate in actions requiring data storage, Attendees must create an account. By creating an account, Attendees agree to provide accurate, current, and complete information and to update such information as needed.

Privacy and Data Protection

Privacy Policy: All users of the App, including Attendees, agree to the terms outlined in our Privacy Policy, which governs the collection, use, and sharing of personal data. The Privacy Policy is available here.

User Compliance: Attendees are responsible for ensuring their use of the App complies with all applicable privacy laws and regulations.

Data Management by family.one: family.one is responsible for managing all user data collection, storage, protection, and transfer in compliance with applicable privacy laws.

Data Breach Protocol: In the event of a data breach, family.one will promptly notify affected parties and comply with all applicable legal requirements, including any reporting obligations under PIPEDA and CASL.

International Users: If the App is accessed by users outside of Canada, family.one will ensure that the collection, use, and sharing of personal data comply with international privacy laws, including GDPR for European users.

Responsibilities of the Parties

Attendee Responsibilities: Attendees are responsible for the accuracy of the information they provide within the App and for adhering to these Terms of Service.

family.one Responsibilities: family.one is responsible for maintaining the functionality and security of ShowTrail.app, ensuring that Attendees can access and use the app as intended. family.one will manage all user data in compliance with applicable privacy laws.

Services and Fees

No Direct Fees: There are no direct fees for Attendees to access and use the basic features of the App. Participation in certain activities, such as Giveaways and Scavenger Hunts, is included without additional cost.

Intellectual Property and Licensing

All content and materials within ShowTrail.app, including but not limited to text, graphics, logos, and software, are the property of family.one Inc. or its licensors and are protected by applicable intellectual property laws. Attendees are granted a non-exclusive, non-transferable license to use ShowTrail.app for personal, non-commercial purposes related to attending and participating in consumer shows.

Limitation of Liability

Disclaimer of Warranties: The App is provided on an as-is and as-available basis. family.one Inc. makes no representations or warranties of any kind, express or implied, as to the operation of the App or the information, content, materials, or products included on the App.

Limitation of Damages: family.one Inc. will not be liable for any damages of any kind arising from the use of the App, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

Liability Cap: The aggregate liability of family.one Inc. to the Attendee shall not exceed the amount of any direct damages actually incurred by the Attendee in connection with their use of ShowTrail.app, whether such liability arises from contract, tort, or otherwise.

Exclusions: Neither party shall be liable for any indirect, incidental, special, or punitive damages, including loss of use, revenue, profit, or data.

Auto-Generated Content

ShowTrail.app may display content that is auto-generated, such as Exhibitor profiles and contest details. ShowTrail.app provides this information for informational purposes only and it should not be considered an endorsement or verification by the Exhibitor.

Transfer of Rights, Expansion, and family.one Network

By using ShowTrail.app, Attendees acknowledge that family.one Inc. reserves the right to transfer, assign, or delegate its rights and obligations under this Agreement to any third party, including in the event of a merger or acquisition.

Attendees accounts and associated data may be integrated with or used to facilitate access to other services within the family.one network.

Choice of Law and Dispute Resolution

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Dispute Resolution: Any disputes arising under this Agreement shall be resolved through arbitration in accordance with the ADR Chambers Expedited Arbitration Rules, with the arbitration held in North York, Ontario, Canada.

How to Contact Us

If you need further assistance, you can contact your ShowTrail account manager or reach us online or by mail at:

family.one Inc.
6D-7398 Yonge St Unit 656
Thornhill, ON L4J 8J2
Canada

Acknowledgment and Changes to Terms

By using ShowTrail.app, you acknowledge that you have read and understood these Terms and agree to be bound by them. ShowTrail.app reserves the right to modify or revise these Terms at any time, and your continued use of the App constitutes acceptance of any changes.

Latest update: August 21, 2024