BetterPuck - Pickup Hockey, Reimagined.

Effective Date: November 24, 2025

Acceptance of the BetterPuck Terms of Service and Privacy Policy

These BetterPuck Terms of Service and Privacy Policy ("Terms of Service") constitute a legal agreement and are entered into by and between you and 1000128867 Ontario Inc. d.b.a. BetterPuck ("BetterPuck," "we," "us," "our").

These Terms of Service, the Official BetterPuck Rulebook and all other BetterPuck documents referenced herein (collectively, the "Terms"), govern your access to and use of, including any content, functionality, and services offered on or through the BetterPuck mobile application (the "App").

BY USING THE APP, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THE TERMS.

IF YOU DO NOT AGREE TO THE TERMS, YOU MUST NOT ACCESS OR USE THE APP.

By using the App, you represent and warrant that you are at least 18 years of age. If you are not at least 18 years of age, you must not access or use the App.

Modifications to the Terms and to the App

We reserve the right, in our sole discretion, to revise and update our Terms from time to time. The effective date of the Terms will be listed at the top of the page. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the App from that date forward.

We will take reasonable measures to notify you of any material changes to the Terms. Nonetheless, you are responsible for periodically reviewing the Terms so that you are aware of any such modifications and your continued use after any such changes shall be your acceptance of the Terms, as amended.

The information, material and functionality on this App may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App is restricted or unavailable at any time or for any period.

Rules of Play

You may use the App to register to play hockey games with other App users ("Hockey Games").

By registering for or otherwise participating in any Hockey Games, you agree to the following rules of play and the Official BetterPuck Rulebook:

No Bodychecking: Bodychecking is dangerous and strictly prohibited.
Wear Proper Equipment: Wear certified hockey helmets, face shields, mouthguards, gloves, shin guards, elbow pads, and other protective gear, as appropriate. You must wear a light or dark coloured jersey, as appropriate, to represent your team. Our preferred colours are white for the light team, and blue for the dark team.
Stick Safety: Keep your stick below shoulder height to avoid injuries.
Be Respectful: Hate, racism and disrespect on or off the ice will not be tolerated. Any issues or altercations with other players, referees, rink staff or BetterPuck personnel should be resolved respectfully and peacefully.
Respect the Rules: Listen to referees and comply with all applicable rink rules and the Official BetterPuck Rulebook.
Avoid Dangerous Plays: No tripping, slashing, hooking, hitting, pushing players from behind or other actions that could harm another player.
Control Your Speed: Avoid reckless skating that could lead to collisions or injuries.
Be Aware of Surroundings: Keep your head up and be aware of other players, the referees, and the puck at all times.
Report Injuries: If you or another person is injured, stop playing and seek medical attention immediately. The SOS option in the App can be used to report incidents to us and the rink staff.
No Alcohol or Drug Use: The use of alcohol or drugs before or during play is strictly prohibited to ensure the safety and wellbeing of all participants.
Bring Photo ID: You must bring photo ID to Hockey Games so that we can properly identify you.

Additional rules may apply to individuals who choose to play casual (as opposed to competitive) Hockey Games. Any additional rules will be communicated to you in writing or on the App.

You may report other players who fail to comply with the rules. If you fail to comply with any rules, we may take appropriate disciplinary action, up to and including suspension or a complete ban from the App.

Referees

By registering for or otherwise participating in any Hockey Games as a referee, you agree to the following rules:

Online Training: Before participating in any Hockey Game as a referee, you will complete our online referee training module.
Game Hosting Duties: You will be responsible for checking players in and recording game statistics in accordance with our instructions.
Be Professional: When acting as a referee, you must conduct yourself with professionalism, integrity and impartiality at all times.
Be Punctual: Ensure you arrive at least 30 minutes prior to the game start time with the necessary equipment (e.g. whistle, jersey, phone charged, helmet, skates and pads). If you are late or do not show up to a Hockey Game you are scheduled to referee, BetterPuck reserves the right to take all appropriate disciplinary actions, including charging you for all losses incurred by BetterPuck if we have to cancel a Hockey Game as a result.
Enforce the Rules of the Game: Ensure all players follow the rules of the game. Be consistent in applying penalties for infractions.
Prioritize Player Safety: Stop play immediately if a person is injured or if there is a dangerous situation on the ice. Use the SOS option in the App to report incidents to us and the rink staff. Monitor for unsafe behaviour and ensure players wear proper protective equipment.
Communicate Clearly and Calmly: Announce penalties and infractions clearly and explain decisions calmly.
Monitor Sportsmanship: Encourage respect between players and report breaches of the player rules to us.
Position Yourself Properly: Stay in a position that allows you to see the plays clearly without obstructing players.

Users may report referees who fail to comply with the above-noted rules or our company standards. If you are acting as a referee and fail to comply with the above-noted rules or any of our company standards, we may take appropriate disciplinary action, up to and including banning you from acting as a referee in the future or banning you from the App altogether.

Referees must provide a method of payment when registering to become a referee. If you are late or do not show up to a Hockey Game you are scheduled to referee, and BetterPuck cancels a Hockey Game as a result, your card on file may be charged by BetterPuck for its resulting losses.

Goalies

Once teams are formed for a Hockey Game, the teams may select their goalies via voting using the Interactive Functions in the App. The goalie with a majority of votes from the players on either team will be selected as a goalie for the applicable Hockey Game. If a goalie receives an equal amount of votes from each team or multiple goalies receive equal amount of votes, the assignment will be randomized. BetterPuck reserves the right to override the voting process and assign goalies, as required.

By registering for or otherwise participating in any Hockey Games as a goalie, you agree to the following additional rules:

Be Professional: When acting as a goalie, you must conduct yourself with professionalism and integrity at all times.
Be Punctual: Ensure you arrive on time with the necessary equipment (e.g. helmet/mask, skates, stick and pads). If you are late or do not show up to a Hockey Game you are scheduled to goalie, BetterPuck reserves the right to take all appropriate disciplinary actions, including charging you for all losses incurred by BetterPuck if we have to cancel a Hockey Game as a result.

Users may report goalie who fails to comply with the above-noted rules or our company standards. If you are acting as a goalie and fail to comply with the above-noted rules or any of our company standards, we may take appropriate disciplinary action, up to and including banning you from acting as a goalie in the future or banning you from the App altogether.

Goalies must provide a method of payment when registering to become a goalie. If you are late or do not show up to a Hockey Game you are scheduled to goalie, and BetterPuck cancels a Hockey Game as a result, your card on file may be charged by BetterPuck for its resulting losses.

Assumption of Risks

BY PARTICIPATING IN ANY HOCKEY GAMES (WHETHER AS A PLAYER (INCLUDING GOALIES) OR REFEREE), YOU UNDERSTAND AND ACCEPT THE RISK OF INJURY, ILLNESS, DISABILITY, DEATH AND OTHER HAZARDS, RESULTING FROM PARTICIPATING IN HOCKEY GAMES.

YOU ALSO UNDERSTAND AND ACCEPT THAT BETTERPUCK IS NOT RESPONSIBLE FOR INJURY, ILLNESS, DISABILITY, DEATH, HAZARDS TO YOU OR DAMAGE TO OR THEFT OF YOUR PROPERTY WHEN PARTICIPATING IN HOCKEY GAMES.

YOU KNOWINGLY AND FREELY ASSUME ALL RISKS AND FULL RESPONSIBILITY FOR YOUR PARTICIPATION IN ANY HOCKEY GAMES.

BY PARTICIPATING IN HOCKEY GAMES (WHETHER AS A PLAYER (INCLUDING GOALIES) OR REFEREE), YOU HEREBY RELEASE AND HOLD HARMLESS BETTERPUCK ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, HAZARDS, OR LOSS OR DAMAGE TO ANY PERSON OR PROPERTY ASSOCIATED WITH YOUR PRESENCE OR PARTICIPATION IN THE HOCKEY GAMES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BETTERPUCK SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF OTHER PLAYERS (INCLUDING GOALIES), REFEREES, RINK STAFF, SPECTATORS, OR THIRD PARTIES IN CONNECTION WITH YOUR PARTICIPATION IN HOCKEY GAMES.

Registering for Hockey Games

You may sign up for any available Hockey Game (provided you meet the qualification criteria for that game). Fees will be indicated on the registration page. If you sign up as a player for an available Hockey Game, you will be charged at the time you sign up.

If no Hockey Games are currently available, you may join a queue to await game formation. The applicable fees will be indicated on the queue registration page. Upon joining a queue, a pre-authorization will be placed on your payment method for the maximum possible fees based on the times and rinks you selected during registration. Once a Hockey Game is formed that meets your queue criteria, your payment method will be charged immediately for the actual cost of that Hockey Game.

Referees can indicate they are interested in refereeing a confirmed Hockey Game or one in queue. We will select from the referees who have indicated they are interested in refereeing a Hockey Game. Players have the ability to "favourite" referees from previous Hockey Games they have played and "favourite" referees will get priority to participate in Hockey Games with the players who have "favourited" them over non-favourited referees. Compensation for referees will be indicated on the registration page. BetterPuck reserves the right to assign referees in its sole discretion.

Privacy

As a condition of your use of the App, you agree that all the information you provide on the App is correct, current, and complete. You are responsible for ensuring your information remains up to date.

By submitting your personal information or using the App, you consent to the collection, use, processing, and disclosure of any such information as described in these Terms and in compliance with applicable privacy laws. We utilize various third-party service providers ("Third Parties") to facilitate our services, including identity verification, payment processing, analytics, and marketing.

Personal Information and Data Linked to You

To participate in Hockey Games, you are required to provide certain personal information. To align with our transparency goals, we categorize the data we collect and link to your identity (User ID) as follows:

Contact and Profile Information: We collect your Name, Email Address, Age, Gender, and Hockey Playing Experience. This information is used to confirm your eligibility and to match you with other players of similar skill levels. For example, competitive Hockey Games may be organized by gender, age group, or skill level. If you provide personal information about another individual to us (e.g., for referrals), you represent and warrant that you have obtained their consent.
Identity Verification: We use Stripe Identity to verify your identity. You may be required to share sensitive information directly with the provider, including your government-issued ID, selfie photo, date of birth, and full name. By providing this information, you consent to its collection and processing by the Third Party to confirm your identity. The Third Party shares the confirmation results (e.g., Name, Age, Gender validation) with BetterPuck to confirm your eligibility. These services are governed by the Third Party's own privacy policies (e.g., https://stripe.com/en-ca/privacy). Links are provided for convenience only.
Financial Information: We use Stripe as our payment processor. Stripe collects your Payment Information (credit card numbers) and Physical Address. We do not store or collect your full payment card details; this data is processed directly by the Third Party. Stripe also collects Device Identifiers and Usage Data to detect fraudulent transaction patterns.
User Content and Identifiers: We collect User Content (such as profile photos and Session Replays) linked to your User ID. Your uploaded profile photo may be visible to other users and referees within the App. When participating in Hockey Games, you must show your physical ID to referees for safety and verification purposes.

Third-Party Services and Usage Data

To improve the functionality, performance, and user experience of the App, we collect analytical data ("Usage Data") using various Third Parties.

Analytics and Session Replays (PostHog, Mixpanel, Vexo): We monitor analytics and application performance. We may record session interactions (clicks, scrolls, screen movements) to identify usability issues. We explicitly configure these tools to mask sensitive inputs (such as passwords and credit card details), ensuring they are replaced with placeholders and not recorded visually.
Diagnostics (Sentry): We use Sentry for error monitoring. If the app crashes, Sentry collects Crash Data, Performance Data, and stack traces linked to your User ID. We configure Sentry to filter out inadvertent PII from stack traces.
Marketing and Attribution (Appsflyer, OneSignal): We use Appsflyer for mobile attribution and OneSignal for push notifications. These services collect Coarse Location, Device IDs, and Usage Data. Your User ID is linked to OneSignal to ensure notifications are delivered to the specific user intended.
General Usage Data & Aggregation: We collect general device information (e.g., device type, OS) and log data. We may aggregate and de-identify this information for lawful purposes, including analyzing App usage and sharing insights with Third Parties.

Account Deletion and Data Retention

To comply with Google Play and App Store requirements, you have the right to delete your account at any time.

In-App Deletion: You can initiate account deletion immediately by navigating to Account > Privacy & Data > Delete Account.
Web/Email Request: If you cannot access the app, you may request account deletion by contacting us at the email address listed below.
Data Erasure: Upon confirmation, your account and personal data will be deleted immediately from our servers. Additionally, we will initiate a request to schedule the deletion of your data from our Third Parties where possible (Stripe Identity, Mixpanel, PostHog, Vexo, OneSignal).
Retention Exceptions: We may retain specific data required for legal compliance, such as financial transaction records maintained by Stripe for tax and accounting purposes, even after your account is deleted.

By participating in Hockey Games, you acknowledge and consent to the possibility of your photo or video being taken during games or related events by BetterPuck or by other participants or spectators. The photos or videos taken by or on behalf of BetterPuck may be used for promotional, marketing, or operational purposes. If you do not consent to this, then you may not participate in Hockey Games. BetterPuck does not control the use of photos or videos taken by other participants or spectators.

Game Credits

Game Credits earned from activities related to the application have no cash value, are non-transferable, and may only be redeemed to pay for hockey game services to play facilitated through the Platform.

Security and Your Rights

We are committed to protecting your personal information and will take reasonable steps to safeguard it from unauthorized access, use, processing, or disclosure. You may have the right to access or correct your personal information, or withdraw your consent, subject to applicable laws. To exercise these rights, please contact us at the email at the bottom of the page.

Your Use of the App and Account Set-Up and Security

The security of your personal information is very important to us. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted via our App. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the App.

The safety and security of your information also depends on you. You are responsible for obtaining your own access to the App, protecting your own account and setting your own Hockey Game passcode. Your Hockey Game passcode is used to confirm your identity when you show up to a Hockey Game.

Any username, password, Hockey Game passcode or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You understand and agree your account is personal to you and you agree not to provide any other person with access to your account, Hockey Game passcode or other security information.

You agree to notify us immediately of any unauthorized access to or use of your username, password, Hockey Game passcode or any other breach of security. You are responsible for any password or Hockey Game passcode misuse or any unauthorized access to your account. We reserve the right to take appropriate actions, including suspending players, if their passwords or Hockey Game passcodes are misused.

Intellectual Property Rights and Ownership

You understand and agree that the App and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, layout, selection, and arrangement, are owned by BetterPuck, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The BetterPuck name, BetterPuck logo and all related names, logos, product and service names, designs, images, and slogans are trademarks of BetterPuck. You must not use such marks without the prior written permission of BetterPuck. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this App are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You have no right, title, or interest in or to the App or to any content on the App, and all rights not expressly granted are reserved by BetterPuck. Any use of the App not expressly permitted by the Terms is a breach of the Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Restrictions on Use of the App

You are prohibited from attempting to circumvent and from violating the security of this App, including, without limitation:

accessing or attempting to access content, data or features that are not intended for you or that you do not have permission to access;
attempting to breach or breaching the App's security or authentication measures without proper authorization;
restricting, disrupting, or disabling the App's functionality or services for other users, hosts, servers or networks;
overloading, flooding, spamming or otherwise interfering with the App's infrastructure or its ability to function properly;
using any robot, spider, scraper, or other automated device, process or means to access, monitor, or copy any part of the App or its content without our written consent;
introducing or attempting to introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious, harmful, or technologically disruptive;
attacking the App through denial-of-service attacks, distributed denial-of-service attacks, or other similar methods;
illicitly intercepting, reproducing or modifying data packets or communications sent via the App;
attempting to reverse engineer, decompile, disassemble, or otherwise extract the source code of the App;
modifying, adapting, or creating derivative works based on the App without authorization; or
otherwise attempting to interfere with the proper working of the App, its systems, or its infrastructure.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, Hockey Game passcode, or other identifier, in our sole discretion for any or no reason, including any violation of any provision of the Terms.

Conditions of Use and User Submissions

As a condition of your access and use of the App, you agree that you may use the App only for your personal, non-commercial and lawful purposes, and in accordance with the Terms.

The App may contain chat features, e-mail, message boards, profiles, forums, bulletin boards, rating capabilities and other such functions (collectively, "Interactive Functions").

Site Content Standards

The following site content standards apply to any and all content, material, and information you submit, post, publish, display, or transmit (collectively, "submit") to the App or to other users or persons (collectively, "User Submissions") and any and all Interactive Functions. Without limiting the foregoing, you warrant and agree that your use of the App and any User Submissions shall not:

In any manner violate any applicable federal, provincial, local, or international law or regulation or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms;
Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in BetterPuck's sole discretion;
Involve, provide, or contribute any false, inaccurate, or misleading information;
Impersonate or attempt to impersonate BetterPuck, a BetterPuck employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities;
Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm BetterPuck or users of the App or expose them to liability; or
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

User Submissions: Grant of Licence

None of the User Submissions you submit to the App will be subject to any confidentiality by BetterPuck.

By providing any User Submission to the App, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission. By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with the Terms. You represent and warrant that all User Submissions comply with applicable laws and the Terms.

You understand and agree that you, not BetterPuck nor its directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the App.

App Monitoring and Enforcement, Suspension, and Termination

BetterPuck has the right to:

Remove or refuse to post on the App any User Submissions for any or no reason in our sole discretion;
Take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Terms;
Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the App; and
Terminate or suspend your access to all or part of the App for any or no reason, including, without limitation, any violation of the Terms.

YOU WAIVE AND HOLD HARMLESS BETTERPUCK AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY BETTERPUCK AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER BETTERPUCK OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the App or its use, and do not and cannot undertake to review material that you or other users submit to the App. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

Third-Party Apps, Content and Advertisements

This App may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by BetterPuck, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of BetterPuck. Neither BetterPuck nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

For your convenience, this App may provide links or pointers to third-party websites. We make no representations about any other websites that may be accessed from this App. If you choose to access any such websites, you do so at your own risk. We have no control over the contents of any such third-party websites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party websites.

The App may also contain advertisements for third-party products or services. We make no representations or warranties about these third-party products or services, and the advertisements on the Apps do not constitute an endorsement of such third-party products or services, or any affiliation between BetterPuck and the third-party providers.

Payment Terms

All payments through the App are processed by Stripe. By using the App, you agree to comply with Stripe's Terms of Service, which govern its payment processing activities. Stripe is a third-party service provider, and we are not responsible for any errors, delays, or issues arising from Stripe's payment processing services. Any disputes or issues related to payment processing should be directed to Stripe.

Payments are made using any form of payment accepted by Stripe, Stripe coupons, or game credits. Referees may elect to be compensated for their participation in Hockey Games in the form of Stripe coupons, game credits, or payment via Stripe. Failure to provide accurate, current and complete payment information may result in your inability to register for Hockey Games or to be compensated for participating as a referee or goalie in Hockey Games.

All fees and charges listed on the App are in the local currency of the jurisdiction in which the Hockey Game is taking place and are exclusive of all applicable taxes. You are responsible for paying all applicable taxes in association with your purchases or participation in Hockey Games.

Except as otherwise set forth herein, all fees are non-refundable. Notwithstanding the foregoing, BetterPuck may issue refunds or Stripe coupons to players if a Hockey Game they were scheduled to play in is cancelled. Such refunds or credits constitute BetterPuck's entire liability and your entire compensation for any cancelled Hockey Games. Any disputes regarding payment must be directed to BetterPuck at the contact information below within 30 days of the applicable transaction.

Referral Incentives

We may grant referral incentives to eligible individuals who refer new players to our App in our sole discretion. To be eligible to receive referral incentives, you must have an active account in good standing and comply with the Terms. Referral incentives may be in the form of discount codes, Stripe coupons, or other rewards as indicated on our App from time to time. Referral incentives are non-transferable and cannot be exchanged for cash. We reserve the right to modify or terminate incentives at any time without prior written notice.

Geographic Restrictions

The App is not intended for use in any jurisdiction where its use is not permitted. If you access the App from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP IS AT YOUR OWN RISK.

THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

NEITHER BETTERPUCK NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE APP OR ITS CONTENTS. Without limiting the foregoing, neither BetterPuck nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors represent or warrant that the App, its content, or any services or items found or attained through the App will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our App is free of viruses or other harmful components. We cannot and do not guarantee or warrant that files or data available for downloading from the App will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the App.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP LINKED TO IT.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL BETTERPUCK, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY FORM OF DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DAMAGE TO PROPERTY, LOSS OF INCOME, LOSS OF USE, LOSS OF GOODWILL, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE APP OR YOUR PARTICIPATION IN HOCKEY GAMES, WHETHER SUCH DAMAGES ARE BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, BREACH OF PRIVACY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF BETTERPUCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR HAD REASON TO KNOW OF THE POTENTIAL FOR SUCH DAMAGES.

TO THE EXTENT THAT BETTERPUCK IS FOUND LIABLE FOR ANY DIRECT DAMAGES HEREUNDER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BETTERPUCK'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE APP OR IN CONNECTION WITH YOUR PARTICIPATION IN HOCKEY GAMES, SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO BETTERPUCK, IF ANY, IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless BetterPuck and its directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of the Terms or your use of the App, including, but not limited to, your User Submissions, participation in Hockey Games, third-party sites, any use of the App's content, services, and products other than as expressly authorized in the Terms.

Term and Survival

The Terms, including any applicable amendments, shall remain in full force and effect for as long as you continue to use the App and maintain an account with us. You may ask us to delete your account at any time by providing written notice to us at the contact information below. Upon termination, you must discontinue all use of the App and may no longer participate in Hockey Games.

Provisions of the Terms relating to the following subject matter shall survive termination: limitation of liability, disclaimers of warranties, indemnities, governing law and choice of forum, payment obligations terms relating to User Submissions and any other terms which by their nature should survive termination of the Terms.

Governing Law and Choice of Forum

The App and the Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule.

Any action or proceeding arising out of or relating to this App and under the Terms will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada located in Toronto, Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from the Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of the Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Independent Contractors

Nothing in the Terms shall be construed to create any employer-employee relationship, agency, partnership, or joint venture between BetterPuck and you. When acting as a goalie or referee, you are an independent contractor and you have no authority to bind or obligate BetterPuck in any manner.

Entire Agreement

The Terms constitute the sole and entire agreement between you and BetterPuck regarding the App and Hockey Games, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. In the event of a conflict or inconsistency between these Terms of Service and the Official BetterPuck Rulebook, these Terms of Service shall govern.

Contact

All feedback, comments, requests, and other communications relating to the App or Hockey Games should be directed to [email protected].

BetterPuck Terms of Service and Privacy Policy