Terms & Conditions

Terms of Use for Tribation Sports Network

Last Updated: Jan 5, 2025

Welcome to the Tribation Sports Network App!

These Terms of Use ("Terms") govern your use of the Tribation Sports Network mobile application ("App") and any related services provided by [Tribation SportTech Inc.] ("we," "our," or "us"). By accessing or using the App, you agree to comply with and be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the App.

1. Eligibility and Acceptance of Terms

To use our App, you must be at least 18 years old, or if you are under 18, you must have received permission from a parent or legal guardian. Our App is not intended for users under the age of 13, in compliance with the Children's Online Privacy Protection Act (COPPA) and equivalent regulations. By using the App, you affirm that you meet the age requirements and provide truthful and accurate information.

These Terms constitute a binding agreement between you and Tribation SportTech Inc. If you are using the App on behalf of an organization or legal entity, you represent that you have the authority to bind such entity to these Terms. Please review these Terms carefully, and keep a copy of them for your records.

2. Changes to the Terms

We reserve the right to modify these Terms at any time at our sole discretion. Any changes will become effective when we post the revised Terms within the App and update the "Last Updated" date at the top of this document. We may also provide notice to you of changes via email or through other communication methods.

It is your responsibility to review these Terms periodically for updates. Your continued use of the App after such modifications will constitute your awareness of and consent to the changes. If you do not agree to the modified Terms, you must discontinue your use of the App.

3. Use of the App

3.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to download, install, and use the App on a mobile device that you own or control, solely for your personal, non-commercial use.

3.2 Prohibited Activities

In using the App, you agree not to engage in any of the following prohibited activities:

  • Illegal Use: Use the App for any purpose that is illegal or prohibited by these Terms or applicable laws.
  • Modification and Redistribution: Copy, modify, distribute, sell, or lease any part of the App or create derivative works from the App.
  • Reverse Engineering: Attempt to reverse engineer, decompile, disassemble, or extract code from the App.
  • Automated Access: Use any robot, spider, scraper, or other automated means to access the App for any purpose without our express permission.
  • Interference: Interfere with or disrupt the integrity or performance of the App or the data contained therein.
  • Unauthorized Access: Attempt to gain unauthorized access to the App or its related systems or networks.

3.3 Compliance with Laws and Policies

You must comply with all applicable laws, rules, and regulations, as well as any codes of conduct or other notices provided by us with respect to your use of the App.

3.4 Interactions with Third-Party Services

The App may contain links to third-party websites or services that are not owned or controlled by Tribation. Tribation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. You further acknowledge and agree that Tribation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

3.5 Gamification and Rewards Terms

  • Earning Rewards: Users may earn rewards, including TRB tokens, badges, or other incentives, by participating in activities such as challenges, leaderboards, and community engagements. The conditions for earning rewards will be communicated within the App and may change at our discretion.
    • Rewards have no monetary value unless explicitly stated and cannot be redeemed outside the App’s ecosystem.
  • Redeeming Rewards: Rewards can only be redeemed within the App and are non-transferable. Tribation reserves the right to modify or terminate any reward program without prior notice.
  • Loss of Rewards: Users found to violate these Terms or engage in fraudulent activity will forfeit their rewards. Tribation’s determination in such cases is final and binding.
  • Leaderboards and Rankings: Rankings are based on predetermined algorithms, which Tribation may update at its discretion. Tribation is not liable for errors or disputes regarding leaderboard standings.

4. User Accounts

4.1 Account Registration

To access certain features of the App, you may be required to register for an account. When registering, you agree to provide accurate, current, and complete information about yourself. You agree to maintain and promptly update your information as necessary to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Notify us immediately if you suspect any unauthorized use of your account or any other breach of security.
  • Ensure that you exit from your account at the end of each session, especially when accessing the App from a shared or public device.

4.3 Restrictions

  • You must not create an account using false information or on behalf of another individual without authorization.
  • You must not use another user’s account without permission.

4.4 Account Suspension and Termination

Tribation reserves the right to suspend or terminate your account and refuse any and all current or future use of the App if it is determined that you have violated these Terms or engaged in behavior that is harmful to other users or the App.

5. Content and Intellectual Property

5.1 User-Generated Content

By sharing content via the App ("User Content"), you retain ownership of any intellectual property rights that you hold in that content. However, you grant Tribation SportTech Inc. a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your User Content. This license continues even if you stop using our services.

5.2 Content Guidelines

You agree not to post User Content that:

  • Is defamatory, obscene, or otherwise offensive.
  • Infringes upon or violates the rights of any third party, including intellectual property, privacy, or publicity rights.
  • Contains viruses, malware, or other malicious components.

5.3 Process of Reporting Violations

If you believe that any content on our App violates these Terms or your intellectual property rights, please report it using the procedures outlined in our Help Center. We have the right, but not the obligation, to monitor, edit, or remove any User Content that we determine violates these Terms or is harmful to the community.

5.4 Intellectual Property Rights

All intellectual property rights, such as those for the App and its original content (excluding User Content), are owned by Tribation SportTech Inc. You may not use our content or marks without our express written permission.

5.5 NFT Marketplace Terms

  • Ownership Rights: Purchasing an NFT grants the buyer ownership of the digital token on the blockchain but does not transfer intellectual property rights or other commercial rights to the underlying content unless expressly stated.
  • Acceptable Use: Users are prohibited from listing or trading NFTs containing infringing, fraudulent, or offensive content. Tribation reserves the right to remove NFTs that violate these Terms or applicable laws.
  • Marketplace Fees: Fees for minting, buying, or selling NFTs are non-refundable and disclosed before each transaction.
  • Dispute Resolution: Disputes regarding NFT transactions must be reported through Tribation’s customer support. Tribation may facilitate mediation but is not liable for unresolved disputes.
  • Regulatory Risks: Users acknowledge that the regulatory environment for NFTs and blockchain is evolving. Tribation is not liable for changes in regulations affecting the use, sale, or value of NFTs.

5.6 Token-Specific Terms (TRB Token)

  • Token Usage: tokens are utility tokens for in-App activities such as subscriptions, governance voting, and NFT transactions. They are not securities or investment vehicles.
  • Volatility and Risk Disclaimer: Users acknowledge that token values can fluctuate due to market forces. Tribation is not responsible for financial losses arising from token value changes.
  • Staking and Rewards: Staking terms, rewards schedules, and rates are subject to change. Tribation reserves the right to discontinue staking programs without liability.
  • Governance and DAO Participation: Governance participation through DAO mechanisms is at the user's discretion. Tribation is not liable for DAO decisions or their outcomes.

5.7 User-Generated Content and Scouting Profiles

  • Data Accuracy: Users are solely responsible for the accuracy of information uploaded to their profiles, including achievements, statistics, and videos. False or misleading information may result in profile suspension or termination.
  • Content Sharing: By creating a scouting profile, you consent to sharing your data with scouts, organizations, and other authorized users as outlined in our Privacy Policy.
  • Removal of Content: Tribation reserves the right to remove user-generated content that violates these Terms or community standards.

5.8 AR/AI Features Terms

  • AI Disclaimers: Insights and recommendations provided by Tribation's AI tools are for informational purposes only. They do not constitute professional advice or guarantees of performance improvements.
  • AR Usage Guidelines: Users agree to operate AR features in a safe and controlled environment. Tribation is not liable for any accidents, injuries, or damages arising from the use of AR functionalities.
  • AI/AR Limitations: Tribation does not guarantee the accuracy or reliability of outputs generated by AI or AR features and reserves the right to modify algorithms as needed.

5.9 Third-Party Partnerships and Integrations

  • Third-Party Devices: Integration with external devices (e.g., wearables) is provided "as-is." Tribation is not responsible for inaccuracies or malfunctions caused by third-party hardware or software.
  • Data Sharing: Users consent to data sharing between the App and third-party devices as required for functionality. Tribation is not liable for misuse of data by third parties.

5.10 Esports-Specific Terms

  • Player Data and Privacy: Esports participants agree to share performance statistics and profiles with teams, organizations, and authorized third parties.
  • Event Rules and Violations: Participation in esports events hosted by Tribation is subject to event-specific rules. Violations may result in disqualification or account suspension.

6. Privacy and Data Protection

6.1 Privacy Commitment

Your privacy is important to us. We are committed to protecting your personal information and your right to privacy. Our practices are guided by our Privacy Policy, available here, which is incorporated into these Terms by reference.

6.2 Data Collection and Use

By using the App, you consent to the collection, use, and sharing of data as described in our Privacy Policy. This includes, but is not limited to, data that you provide directly, data automatically collected through your use of the App, and data obtained from third-party sources.

6.3 Data Retention

We will retain your personal data only as long as necessary to provide you with our App and fulfill the purposes described in our Privacy Policy. We may retain and use your information to comply with legal obligations, resolve disputes, prevent fraud, and enforce our agreements.

6.4 Data Security

We implement appropriate technical and organizational safeguards to protect your personal data from unauthorized access, use, alteration, and disclosure. However, we cannot guarantee absolute security and are not responsible for circumvention of any privacy settings or security measures contained in the App.

6.5 User Rights

You have the right to access, update, or delete certain personal information that we have about you. For more detailed instructions on exercising your privacy rights, please review our Privacy Policy.

6.6 International Data Transfer

Your information, including personal data, may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ. By using the App, you consent to the transfer of your information to Canada or any other country in which Tribation SportTech Inc. or its service providers maintain facilities, in accordance with applicable laws.

7. Termination and Suspension

7.1 Termination by Tribation

We reserve the right to suspend or terminate your account and your access to the App at our sole discretion, without notice, if:

  • You violate these Terms or any other policies related to the App.
  • Your actions create, or could potentially create, legal exposure or other risks for us or our users.
  • You engage in fraudulent, abusive, or unlawful activity.

7.2 Termination by You

You can terminate your account at any time by deleting the App from your device and ceasing all use. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.

7.3 Effect of Termination

All provisions of these Terms, which by their nature should survive, shall survive termination of your account, including but not limited to ownership provisions, warranty disclaimers, indemnities, and limitations of liability.

7.4 Procedure for Appeal

If you believe your account was terminated in error, please contact our customer support team [(Contact Information)] to request a review. We will assess and respond to your request within a reasonable time frame.

8. Disclaimer of Warranties

The App is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Tribation SportTech Inc. does not warrant that the App will function uninterrupted, secure, or error-free, or that any defects or errors will be corrected.

8.1 Service and Content Accuracy

While we strive to ensure that the information provided through our App is accurate, complete, and up to date, we make no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of the content contained in or accessed through the App.

8.2 Assumption of Risk

You assume all risk for any damage to your mobile devices, computer systems, or loss of data that results from using the App, including any damages resulting from viruses.

9. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Tribation SportTech Inc., its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the App.
  • Any conduct or content of any third party on the App, including any defamatory, offensive, or illegal conduct of other users or third parties.
  • Unauthorized access, use, or alteration of your transmissions or content.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation/ exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the extent permitted by law.

9.1 Financial Terms

  • Refund Policy: Refunds for subscriptions, in-app purchases, and transactions will be considered on a case-by-case basis and are subject to applicable laws and the policies of the app store or payment platform through which the transaction was made. Users may request a refund by contacting our support team within the designated refund period as specified by the app store. Refunds will only be issued under conditions that meet the requirements of the app store's refund policies.

  • Payment Methods: Users are responsible for providing accurate and valid payment information. Any issues with payment processing are subject to the terms and conditions of the respective payment processor or app store. We are not liable for delays or failures in processing caused by third-party services.

  • Subscription Renewals: Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. Users can manage and cancel subscriptions through their account settings in the app store or within the app. Refunds for canceled subscriptions are subject to the app store's terms.

10. Indemnification

You agree to defend, indemnify, and hold harmless Tribation SportTech Inc., its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with:

  • Your access to or use of the App.
  • Your violation of these Terms or any applicable law or regulation.
  • Your violation of any rights of another party, including but not limited to any privacy, intellectual property, or proprietary rights.
  • Any disputes between you and a third party.

Tribation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Tribation in asserting any available defenses.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and any action related thereto will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

11.2 Dispute Resolution

In the event of any disputes arising from or related to these Terms or your use of the App, you agree as follows:

  • Negotiation: You and Tribation SportTech Inc. agree to first attempt to resolve any dispute informally through good faith negotiation.
  • Arbitration: If the dispute cannot be resolved through negotiation, it shall be resolved by binding arbitration conducted in Toronto, Ontario, following the rules of the [Applicable Arbitration Body] (e.g., ADR Institute of Canada), in English, unless you and Tribation agree otherwise. Judgment on the arbitration award may be entered in any court having jurisdiction.
  • Class Action Waiver: You agree to waive any right to commence or participate in any class action lawsuit against Tribation, and to instead pursue claims against us solely on an individual basis.

11.3 Forum for Disputes

Any legal action related to these Terms or the App shall be filed exclusively in the provincial courts located in Toronto, Ontario, Canada, and you submit to personal jurisdiction therein.

11.4 Jurisdiction-Specific Compliance

  • Regional Restrictions: Some features, including token transactions and NFT functionalities, may not be available in certain regions due to local laws and regulations.
  • User Responsibility: Users are responsible for ensuring their use of the App complies with applicable local laws and regulations.

12. Entire Agreement and Severability

12.1 Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices published by Tribation SportTech Inc. on the App, constitute the entire agreement between you and Tribation concerning your use of the App. They supersede all prior agreements, understandings, or representations concerning your use of the App.

12.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, so as to effect the intent of the parties, and the remaining provisions of these Terms shall remain in full force and effect.

12.3 Waiver

The failure of Tribation to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13. Contact Information

If you have any questions, comments, or concerns about these Terms or the App, please contact us at:

14. Additional Terms and Conditions

14.1 Updates and Features

We may introduce new features or functionalities to the App over time. These may come with additional terms, and by agreeing to use these features, you accept those additional terms, which will become part of your agreement with us.

14.2 Language

These Terms are written in English and may be provided in other languages for convenience. In the case of discrepancies between the English version and a translated version, the English version shall prevail.

14.3 Export Control

You agree to comply with all applicable export and re-export control laws and regulations in using the App. You confirm that you are not located in a country that is subject to a Canadian government embargo or that has been designated by the Canadian government as a "terrorist-supporting" country, and you are not listed on any Canadian government list of prohibited or restricted parties.

15. Unsolicited Material

15.1 Feedback and Suggestions

We appreciate any feedback, ideas, or suggestions ("Feedback") you provide us with. Nonetheless, you understand and agree that Tribation has no obligations (including without limitations, obligations of compensation or confidentiality) with respect to such Feedback, and we are free to use and disclose Feedback for any purpose.