These Terms of Service (the "Terms," "Agreement," or "ToS") constitute a legally binding agreement between you (an individual user) and Nohmit Incorporated, a corporation incorporated under the laws of the Province of Ontario, Canada, operating the Invitrr platform ("Invitrr," "Company," "we," "us," or "our"). These Terms govern your access to and use of the Invitrr mobile application for iOS, our website, and all associated products, services, features, content, and functionality (collectively, the "Service").
These Terms incorporate by reference our Privacy Policy, Community Guidelines, Host Policy, and Bailout Policy, all of which form a part of this Agreement. In the event of any conflict between these Terms and such incorporated documents, these Terms shall control.
We reserve the right, in our sole discretion, to modify, amend, or replace these Terms at any time. We will notify you of material changes by posting an updated version of these Terms within the Service or through other reasonable means. Your continued access to or use of the Service following the posting of any revised Terms constitutes your unconditional acceptance of and agreement to be bound by the revised Terms. If you do not agree to the revised Terms, your sole and exclusive remedy is to discontinue your use of the Service and delete your account.
The Service is available exclusively to individuals who: (a) are at least eighteen (18) years of age; (b) have the legal capacity to enter into binding contractual obligations under applicable law; (c) are not barred from using the Service under the laws of any applicable jurisdiction; and (d) have not previously been suspended, banned, or otherwise prohibited from using the Service by Invitrr.
By accessing or using the Service, you represent and warrant that you meet all of the eligibility requirements set forth above. If you are accessing the Service on behalf of another person, you represent that you have authority to bind that person to these Terms, and all references to "you" shall include both you individually and that person.
We reserve the right to verify your eligibility at any time and to suspend or terminate your access to the Service if we determine, in our sole discretion, that you do not meet the eligibility requirements.
To access certain features of the Service, you must create an account. You agree to: (a) provide accurate, current, complete, and non-misleading information in connection with your account registration; (b) maintain and promptly update your account information as necessary to ensure it remains accurate and current; (c) maintain the confidentiality and security of your account credentials; (d) not share your account or credentials with any other person; (e) not create more than one account without our prior written consent; and (f) notify us immediately at support@invitrr.com of any unauthorized access to or use of your account or any other security breach.
You are solely and exclusively responsible for all activity that occurs under your account, whether or not authorized by you. Invitrr is not liable for any loss or harm arising from your failure to comply with this Section 3, including without limitation your failure to keep your account credentials confidential.
We reserve the right to disable, suspend, or terminate any account at any time and for any reason, including without limitation if we believe that account information provided is false, inaccurate, or misleading.
Subject to your continued compliance with these Terms in their entirety, Invitrr hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial purposes. This license does not include any right to: (a) resell, commercialize, or exploit any portion of the Service; (b) copy, reproduce, modify, adapt, translate, or create derivative works based on the Service or any part thereof; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any portion of the Service; (d) remove, alter, or obscure any proprietary notices, labels, or marks; (e) access the Service through automated means, including bots, scrapers, or other automated tools, without our prior written authorization; or (f) use the Service to develop competing products or services.
We reserve the right to modify, suspend, or discontinue the Service or any feature or portion thereof at any time, with or without notice, without liability to you. Your license to use the Service is contingent upon your compliance with these Terms and may be revoked by us at any time in our sole discretion.
The Service may allow you to submit, post, upload, share, or otherwise make available content, including without limitation text, photographs, videos, event listings, messages, feedback, ratings, and other materials (collectively, "User Content"). You retain any ownership rights you may have in your User Content.
By submitting, posting, or making available any User Content through the Service, you hereby grant to Invitrr and its affiliates, successors, and assigns a worldwide, irrevocable, perpetual, royalty-free, fully paid-up, sublicensable, and transferable license to use, host, reproduce, modify, adapt, translate, publish, publicly display, publicly perform, distribute, create derivative works from, incorporate into other works, and otherwise exploit your User Content in any and all media formats and through any and all media channels, whether now known or hereafter devised, in connection with operating, improving, promoting, marketing, and developing the Service and any current or future products or services of Invitrr or its affiliates. This license expressly includes the right to use your User Content to train, develop, evaluate, and improve machine learning models, artificial intelligence systems, algorithms, and related technologies.
You represent and warrant that: (a) you own or have all necessary rights, licenses, consents, and permissions to submit your User Content and to grant the license described above; (b) your User Content does not infringe, misappropriate, or violate any intellectual property rights, privacy rights, or other rights of any third party; (c) your User Content does not contain any material that is unlawful, harmful, defamatory, obscene, or otherwise objectionable; and (d) your User Content complies with these Terms and all applicable laws and regulations.
You waive any and all moral rights you may have in your User Content to the fullest extent permitted by applicable law. We are not obligated to display, maintain, or use any User Content and may remove any User Content at any time, for any reason, without notice or liability.
You agree that you will not, and will not permit or facilitate others to, engage in any of the following activities in connection with the Service:
We reserve the right, but not the obligation, to monitor the Service for compliance with these prohibitions and to take any action we deem appropriate in response to any violation, including without limitation removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.
Certain features and functionality of the Service may require a paid subscription or in-app purchase (collectively, "Purchases"). All Purchases are processed exclusively through the Apple App Store and are subject to Apple's then-current terms of service, payment terms, and privacy policy. Invitrr does not directly process, store, or have access to your payment card information.
Paid subscriptions automatically renew at the end of each billing period unless you cancel your subscription through your Apple App Store account settings at least twenty-four (24) hours before the end of the then-current billing period. The renewal charge will be applied to your Apple account at confirmation of purchase.
All fees and charges associated with Purchases are non-refundable, except as required by applicable law or Apple's refund policy. We expressly disclaim any obligation to provide refunds for unused subscription periods, feature unavailability, or account termination for violation of our Terms.
We reserve the right, in our sole discretion, to modify, adjust, or change the pricing of any subscription or Purchase at any time, subject to providing notice through the Service. Your continued use of any paid feature following a price change constitutes your acceptance of the new pricing.
We reserve the right to modify, suspend, limit, or discontinue any feature, content, or functionality associated with any subscription tier or Purchase at any time, with or without notice, without liability to you and without any obligation to provide a refund.
The Service and all content, features, functionality, technology, software, code, designs, graphics, logos, trademarks, service marks, trade dress, copyrights, algorithms, data structures, and other materials comprising or associated with the Service (collectively, the "Invitrr IP") are owned by or licensed to Invitrr and are protected by applicable intellectual property laws, including copyright, trademark, patent, and trade secret law, in Canada and internationally. Nothing in these Terms transfers any ownership of or license to any Invitrr IP to you, except for the limited license expressly set forth in Section 4.
The Invitrr name, wordmark, logo, and all related marks are trademarks or registered trademarks of Nohmit Incorporated. You may not use our trademarks, service marks, or trade names without our prior express written consent.
Any feedback, suggestions, ideas, enhancement requests, or other information you provide to us regarding the Service ("Feedback") shall be deemed non-confidential, and we shall have a worldwide, perpetual, royalty-free, irrevocable right to use, reproduce, modify, distribute, and commercialize such Feedback for any purpose without compensation or attribution to you.
These Terms commence on the date you first access or use the Service and continue until terminated in accordance with this Section 9.
You may terminate these Terms at any time by deleting your account through the settings menu within the Service and ceasing all use of the Service. Termination of your account does not entitle you to any refund of subscription fees or Purchases.
We may, in our sole and absolute discretion, with or without notice and without liability to you: (a) suspend or restrict your access to the Service at any time for any reason; (b) permanently terminate your account and access to the Service; (c) remove, disable, or restrict any User Content or features; or (d) take any other action we deem necessary or appropriate. Actions that may result in suspension or termination include, without limitation, actual or suspected violation of these Terms, our Community Guidelines, or any other applicable policies, or any conduct we determine to be harmful to the Service, other users, or our business.
Upon termination of your account for any reason: (a) all rights and licenses granted to you under these Terms immediately terminate; (b) you must cease all use of the Service; and (c) your account data will be handled in accordance with our Privacy Policy. Sections 5, 7, 8, 10, 11, 12, 13, 14, and 15 of these Terms shall survive termination indefinitely.
Invitrr is a platform that connects users for the purpose of event attendance and social connection. We do not screen, verify, or endorse any user beyond our standard verification process. We are not responsible for the conduct, actions, or omissions of any user, whether online or offline. Meeting and interacting with strangers carries inherent risks, and you assume all such risks by using the Service. We strongly encourage you to exercise appropriate caution and judgment in all interactions with other users.
Invitrr does not guarantee that any event listing is accurate, that any event will take place as described, or that attendance at any event will be safe, enjoyable, or appropriate for you. You attend any event at your own risk.
To the fullest extent permitted by applicable law, the aggregate liability of the Invitrr Parties to you for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the total amounts you actually paid to Invitrr during the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred Canadian dollars (CAD $100.00).
The limitations of liability in this Section 11 apply regardless of the theory of liability and even if the Invitrr Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, Invitrr's liability will be limited to the fullest extent permitted by applicable law.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Invitrr Parties from and against any and all claims, demands, suits, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable legal fees and disbursements, court costs, and expert fees) arising out of or relating to: (a) your access to or use of the Service; (b) any User Content you submit, post, or transmit through the Service; (c) your violation of these Terms or any applicable law or regulation; (d) your violation of any rights of a third party, including without limitation intellectual property rights and privacy rights; (e) any event you host, organize, or participate in through the Service; or (f) any dispute between you and another user of the Service.
We reserve the right, at our own expense, to assume exclusive control of the defense of any claim subject to indemnification by you. In such a case, you agree to cooperate fully with our defense of that claim and not to settle any such claim without our prior written consent.
Before initiating any formal dispute resolution process, you agree to first contact us at legal@invitrr.com and provide a written description of your dispute and the relief you seek. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally, either party may proceed to formal dispute resolution as described below.
Except as provided in Section 13.4, any dispute, claim, controversy, or disagreement arising out of or relating to these Terms, the Privacy Policy, the Service, or any aspect of the relationship between you and Invitrr that cannot be resolved informally shall be resolved by final and binding arbitration. The arbitration shall be conducted by a mutually agreed-upon arbitral institution in Ottawa, Ontario, Canada, or if the parties cannot agree, by a single arbitrator appointed pursuant to the Arbitration Act, 1991 (Ontario). The arbitration shall be conducted in English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND INVITRR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. If this class action waiver is found to be unenforceable, then the entirety of Section 13.2 shall be null and void.
Nothing in this Section 13 shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information, or to prevent irreparable harm pending the completion of arbitration.
These Terms and any dispute arising out of or in connection with these Terms or the Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to any conflict of laws principles. Subject to Section 13.2, you irrevocably submit to the exclusive jurisdiction of the courts located in Ottawa, Ontario, Canada for any matter not subject to arbitration.
Any claim or cause of action arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim or cause of action arose, or it shall be forever barred, regardless of any statute or law to the contrary.