Introduction
These General/Website Terms of Service (“Terms”) constitute a legal agreement between you and Rewardful Inc. (“Rewardful”, “we”, “our”, or “us”), and govern your access to and use of the Rewardful website www.rewardful.com (the “Platform”) and any services available through the Rewardful Platform (the "Services"). These Terms incorporate our Privacy Policy by reference, which can be found here www.rewardful.com/privacy.
Please read these Terms carefully. If you do not agree to these Terms, please do not access or use the Rewardful Platform or our Services.
Additional Agreements
If you are a merchant using the Rewardful platform to manage an affiliate program (a “Merchant”) or an affiliate using the Rewardful platform to solicit or participate in engagements with a Merchant (an “Affiliate”), you will also be subject to the following additional terms (each, an “Additional Agreement”):
- Merchant Terms www.rewardful.com/merchant-terms-of-service
- Affiliate Terms www.rewardful.com/affiliate-terms-of-service
If you are subject to Additional Agreement(s), such Additional Agreement(s) will be in addition to, and do not replace, these Terms. In the event of a conflict between a provision in these Terms and a provision in an Additional Agreement, the provision in the Additional Agreements will control.
Licence to Access and Use the Platform and Services
Subject to these Terms, Rewardful grants you a limited licence to access and use the features of the Rewardful Platform and Services in accordance with these Terms. The licence granted is personal, non-exclusive, and may not be transferred or sublicensed to any other person or entity. The licence may be revoked by Rewardful at any time, in its sole discretion.
Your Account
In order to access certain parts of the Rewardful Platform or Services, you may be required to create an account (“Account”). To create an Account, you agree to the following:
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide truthful, verifiable information. Accounts registered under fake names or company names (including 'Test', 'TBD', etc.) are not permitted.
- You must be 13 years of age or older.
- You must provide a valid email address, along with any other information required by Rewardful during the registration process.
- You are responsible for maintaining the security of your Account and password. You will not share your Account details or password with any third party, nor permit any third party to access or use your Account for any purpose. Rewardful will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you shall be subject to our Privacy Policy. You will notify us immediately if you believe that any third party has accessed or used your Account or password.
- You may not use the Rewardful Platform for any illegal or unauthorized purpose. You must not, in the use of the Rewardful Platform, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Unless otherwise arranged with a Rewardful representative, a valid credit card is required for paying Accounts. Affiliate Accounts are not required to provide a credit card number.
Violation of these Terms
Rewardful reserves the right to investigate and prosecute violations of these Terms to the fullest extent of the law. Rewardful may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Rewardful has no obligation to pre-screen or monitor your access to or use of the Rewardful Platform, your Account, or any information, materials or other content provided or made available through the Rewardful Platform, but has the right to do so. You hereby agree that Rewardful may, in its sole discretion, remove or delete any entries, information, materials or other content that violates these Terms or that is otherwise objectionable.
Cancellation of Your Account
If you wish to cancel your Account, the Account owner may send an email to hello@rewardful.com with "Account Cancellation" in the subject line. You are solely responsible for properly canceling your Account. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. This information cannot be recovered from Rewardful once your Account is canceled. You are responsible for downloading any content or data from your Account upon cancellation. Please be aware that Rewardful may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us. If your Account is a Merchant Account, cancellations will take effect at the end of your current service period. Upon the commencement of a new service period, your access to and use of the Rewardful Platform will terminate without additional notice, and you will not be charged for any subsequent service periods. You will not be provided any refunds for unused time on your service period. If your Account is an Affiliate Account, your Account will be cancelled immediately.
Termination or Suspension of Your Account
Rewardful may terminate or suspend any Accounts at any time with immediate effect and without notice, in its sole discretion. Additionally, Rewardful reserves the right to terminate any free Accounts that do not have any activity for sixty (60) days or trial accounts without a payment method thirty (30) days after expiration. Rewardful, in its sole discretion, has the right to suspend or terminate your Account if you breach these Terms. Rewardful may refuse to provide you any current or future use of the Rewardful Platform, or any Rewardful Service. Any termination of your Account will result in the deactivation or deletion of your Account, denied access to your Account, and the forfeiture and relinquishment of all content in your Account. This information cannot be recovered from Rewardful once your Account is terminated; however Rewardful may for a time retain residual information in our backup and/or archival copies of our database. You agree that, upon the suspension or termination of your access or right to use the Rewardful Platform or your Account, you will immediately cease and desist from all access to and use of the Rewardful Platform or your Account, as applicable, unless and until access is restored by Rewardful.
Modifications to the Rewardful Platform and Services
Rewardful reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Rewardful Platform and Services (or any part thereof) with or without notice. We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email. If any future changes to these Terms are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Rewardful Platform and our Services. Any new features that augment or enhance the current Rewardful Platform or Services, including the release of new tools and resources, will be subject to these Terms. Your continued use of the Rewardful Platform or our Services following any revision to these Terms constitutes your complete acceptance of any and all such changes.
Ownership
You acknowledge and agree that the Rewardful Platform, including all intellectual property and intellectual property rights in or related to the Rewardful Platform, are, will be, and will remain the sole and exclusive property of Rewardful, its affiliates, its licensors, and their respective successors and assigns. Neither these Terms nor your access to and use of the Rewardful Platform or Services convey or will convey to you any right, title, or interest in or in relation to the Rewardful Platform, except for the limited right to access and use the Rewardful Platform and Services that is granted to you expressly in these Terms. All rights in and to the Rewardful Platform, and the intellectual property in and related to them, are expressly reserved by their owner(s), except to the extent of the licence expressly granted to you in these Terms.
You acknowledge and agree that any and all data, performance metrics, analytics, reports, know-how, or other information related to the functionality or performance of the Rewardful Platform (collectively, “Rewardful Data”), regardless of how, when, or by whom they are created, are, will be, and will remain the sole and exclusive property of Rewardful, its affiliates, its licensors, and their respective successors and assigns. You further acknowledge and agree that the Rewardful Data is an original compilation protected by copyright law, Rewardful has dedicated substantial resources to collect, manage, and compile the Rewardful Data, and the Rewardful Data constitutes trade secrets of Rewardful. All rights in and to the Rewardful Data, and the intellectual property in and related to the Rewardful Data, are expressly reserved by their owner(s), except to the extent of the limited licence expressly granted to you in these Terms.
You grant to Rewardful, its affiliates, and their respective licensees, successors, and assigns, an exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid up, transferable, and sublicensable right and licence to use and incorporate into the Rewardful Platform any suggestion, enhancement, request, recommendation, correction, or other feedback provided by you relating to the Rewardful Platform.
Restrictions and Responsibilities
You acknowledge and agree that you will not engage in any of the following prohibited conduct in connection with your access to or use of the Rewardful Platform or Services:
- violate any applicable law, commit fraud (or collude with others to commit fraud), breach any term or condition of any contract, including these Terms, or infringe, misappropriate, or otherwise violate any right of any third party, including any intellectual property right;
- provide false, inaccurate, or misleading information, including in connection with the creation of your Account or the ordering, fulfillment, or completion of any transaction on the Rewardful Platform, including for the purpose of impersonating another person or entity;
- use the Rewardful Platform in a way that interferes with, disrupts, negatively affects, or otherwise inhibits other users from accessing or using the Rewardful Platform, or that could damage, disable, impair, overburden, or undermine the availability or functionality of the Rewardful Platform in any manner;
- attempt to circumvent, breach, or bypass any security device or protection used by or in connection with the Rewardful Platform, including attempting to access or use any part of the Rewardful Platform that you are not permitted to access or use under these Terms;
- use any spider, crawler, robot, scraper, or other automated means or interface not provided by us to access or use the Rewardful Platform or to extract any data from the Rewardful Platform;
- develop applications that interact with the Rewardful Platform without our prior written consent or copy, modify, or create derivative works or improvements of or based on the Rewardful Platform;
- directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”);
- modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Rewardful or authorized within the Services);
- input, upload, transmit, or otherwise provide to or through the Rewardful Platform any information or materials that are unlawful or injurious, or contain, transmit, or activate any software or other technology, including any virus, trojan horse, worm, backdoor, malware, or other malicious computer code, the purpose or effect of which is to: (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system, or network; or (ii) application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data; or (b) prevent you or any other authorized user from accessing or using the Rewardful Platform as intended;
- remove, delete, alter, or obscure any warranties or disclaimers, or any proprietary notices or labels;
- access or use the Rewardful Platform or Services in any manner or for any purpose that: (a) infringes, misappropriates, or otherwise violates the intellectual property or other rights of Rewardful or any third party; or (b) violates any applicable law;
- access or use the Rewardful Platform or Services for the purposes of competitive analysis of the Rewardful Platform or Services, the development, provision, or use of a competing product or service, or any other purpose that is to Rewardful’s detriment or commercial disadvantage; or
- otherwise access or use the Rewardful Platform or Services in a manner that is beyond the scope of the authorizations granted under these Terms.
Third Party Service Providers
You acknowledge and agree that we may use third-party service providers that we choose to assist with providing different aspects of the Rewardful Platform and Services. As such, the Rewardful Platform may also provide links to third-party websites, plug-ins, services, social networks, or applications. We are not affiliated or associated with any third-party service providers. We do not endorse, approve, or guarantee the accuracy of any content provided by a third-party service provider, make no representations or warranties about any third-party service provider or their services, and accept no responsibility or liability for such third-party service providers or their services.
Confidentiality and Proprietary Rights
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Rewardful includes non-public information regarding features, functionality and performance of the Rewardful Platform or the Services. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.
Indemnification
You agree to indemnify and hold Rewardful, its parents, subsidiaries, affiliates, officers, partners, employees, agents, representatives, shareholders, successors, and permitted assigns harmless from any and all losses, damages, claims, costs, penalties, fines, charges, judgments, levies, liabilities, or demands, including reasonable attorneys' fees, made by any third party due to or arising out of: (i) your use of the Rewardful Platform or Services; (ii) use of your Account by any third party; (iii) your violation of these Terms or any applicable laws, regulations, by-laws, rules, policies, and customs; or (iv) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL REWARDFUL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM OR RELATE TO THE REWARDFUL PLATFORM OR SERVICES, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH REWARDFUL, EVEN IF REWARDFUL OR AN REWARDFUL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REWARDFUL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE REWARDFUL PLATFORM OR SERVICES EXCEED EITHER THE AMOUNT OF FEES PAID BY YOU TO REWARDFUL FOR THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENTS THAT GIVE RISE TO THE APPLICABLE CLAIM (IF ANY) OR FIFTY CANADIAN DOLLARS, WHICHEVER IS GREATER.
Disclaimer
THE SERVICES, REWARDFUL PLATFORM AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. REWARDFUL IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES; AS SUCH, REWARDFUL EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH OR ACCESSIBLE VIA THE REWARDFUL PLATFORM. WITHOUT LIMITING THE FOREGOING, REWARDFUL SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE REWARDFUL PLATFORM OR ON SITES THAT MAY APPEAR AS LINKS ON THE REWARDFUL PLATFORM, OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY REWARDFUL NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
YOU ACKNOWLEDGE AND AGREE THAT REWARDFUL IS NOT AND WILL NOT BE RESPONSIBLE FOR, AND HAS NO OBLIGATION TO INTERVENE IN, ANY DISPUTES BETWEEN MERCHANTS AND AFFILIATES.
REWARDFUL DOES NOT WARRANT THAT THE REWARDFUL PLATFORM OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE REWARDFUL PLATFORM OR SERVICES.
Copyright Infringement
If you believe that any content that resides or is accessible on or through the Rewardful Platform infringes a copyright, please send a notice of copyright infringement (the “Copyright Notice”) containing the following information to Rewardful:
- the claimant’s name and address and any other particulars that enable communication with the claimant;
- identification of the work or other subject matter to which the claimed infringement relates;
- a statement of the claimant’s interest or right with respect to the copyright in the work or other subject matter;
- the URL to which the claimed infringement relates;
- specification of the infringement that is claimed; and
- specification of the date and time of the commission of the claimed infringement.
The Copyright Notice may not contain an offer to settle the claimed infringement, including by way of hyperlink to such an offer, or a request or demand made in relation to the claimed infringement, including by way of hyperlink, for payment or for personal information. If the notice is non-compliant with the foregoing requirements, Rewardful is not obligated to pass the notice on to the alleged infringer and to otherwise preserve that person’s identity for subsequent enforcement proceedings.
If a proper bona fide infringement notice is received by Rewardful, it is Rewardful’s policy to: (i) remove or disable access to the infringing material; and/or (ii) to notify the content provider, member, or user that it has removed or disabled access to the material.
Notice of claims of copyright infringement should be provided to Rewardful via email to hello@rewardful.com or via mail to the following address:
Rewardful Inc.
Suite 3810 Bankers Hall West,
888 3rd Street SW,
Calgary Alberta Canada
T2P 5C5
General
- Force Majeure: Rewardful is not responsible or liable for: (a) any damages or loss resulting from causes outside our direct control, such as the failure of electronic or mechanical equipment or communication lines, electronic viruses or malware, unauthorized access to our systems, theft, operator error, severe weather, natural disasters, strikes or other labour problems, wars, disease, epidemic, pandemic, or governmental restrictions; or (b) any loss of information caused by disruptions in or malfunctions of the Rewardful Platform.
- Publicity: You grant Rewardful the right to use your company name (or professional name, if you are an Affiliate user) and logo as a reference for marketing or promotional purposes on our Platform and in other public or private communications, subject to your standard trademark usage guidelines as provided to us from time-to-time. If you don’t want to be listed, you may send an email to hello@rewardful.com declining to be used as a reference.
- Assignment: You may not transfer any rights or obligations you have under these Terms without our prior written consent.
- Severability: If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
- Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the Province of Alberta, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Rewardful.
- No Waiver. No waiver of satisfaction of a condition or non-performance of an obligation under these Terms is effective unless it is in writing and signed by Rewardful waiver or Rewardful’s authorized representative. Unless expressly granted in writing and signed by Rewardful or Rewardful’s authorized representative, no waiver will extend to any subsequent non-satisfaction of a condition or non-performance of an obligation under these Terms, whether or not of the same or similar nature to that which was waived. No waiver will affect the exercise of any other rights or remedies under these Terms. Any failure or delay in exercising any right or remedy will not constitute, or be deemed to constitute, a waiver of that right or remedy. No single or partial exercise of any right or remedy will affect the further exercise of any right or remedy.
- Survival. These Terms will survive and remain in effect notwithstanding any incidental, temporary, or intermittent closing out, suspension, or opening of your Account.
- Contact: Any questions or concerns about the Rewardful Platform or Services can be directed to us via email at hello@rewardful.co or via mail to the following address:
Rewardful Inc.
Suite 3810 Bankers Hall West,
888 3rd Street SW,
Calgary Alberta Canada
T2P 5C5
