doakiconnect.com

TERMS OF SERVICE
DOAKI CONNECT INC.

Last updated: November  27, 2025

The following Terms of Platform Use (defined below) govern your relationship with the Doaki Connect platform (the “Platform”) operated by Doaki Connect Inc. (the “Platform Owner”)

1. Definitions

  • In these Terms of Service (the “Terms” or this “Agreement”), unless the context otherwise requires:
  • “Campaign” means any contemplated or actual promotional, marketing or content-creation engagement, collaboration, project or promotion between an Influencer and a Purchaser, whether or not formalized in a written or other contract.
  • “Fees” means the subscription fees and any other charges payable by you to the Platform Owner for access to and use of the Platform, as set out in the Platform’s pricing pages, sign-up flow or applicable order or invoice, exclusive of any applicable taxes.
  • “Influencer” means any individual or entity that creates or maintains an account on the Platform for the purpose of presenting, marketing, or offering its services, reach, audience, content-creation capabilities or brand for potential Campaigns with Purchasers.
  • “Influencer–Purchaser Agreements” has the meaning ascribed in section 4.2.
  • “Platform” means the online and mobile software platform, including any websites, web applications and mobile applications, operated by the Platform Owner and used to facilitate the listing, discovery, review and potential engagement of Influencers by Purchasers, together with all associated features, tools, dashboards, analytics and related services made available by the Platform Owner from time to time.
  • “Platform Owner” means Doaki Connect Inc. a company incorporated under the laws of Canada with its principal business location in Toronto, Ontario.
  • “Privacy Policy” has the meaning ascribed in section 2.1.
  • “Purchaser” means any individual or entity that creates or maintains an account on the Platform for the purpose of searching for, reviewing or potentially engaging an Influencer for promotional, marketing, content-creation or similar services.
  • “Social Media Platforms” means third party social media platforms and networks, including without limitation Meta platforms (such as Facebook and Instagram), TikTok, YouTube, X (Twitter), Snapchat and any other similar services supported by the Platform from time to time.
  • “Social Media Data” means data, metrics, content and information relating to an Influencer or Purchaser that is obtained from, or through integrations with, Social Media Platforms, including without limitation usernames, profile information, follower counts, followers and following lists, engagement metrics, content statistics, and any other data accessible via authorized APIs or similar connection methods.
  • “Subscription” means a paid or unpaid subscription to access and use the Platform on either a monthly or yearly basis, as selected by the User during the sign-up process or as subsequently modified in accordance with these Terms.
  • “User” means any person or entity that accesses or uses the Platform in any capacity, including Influencers and Purchasers, as well as their respective employees, contractors and representatives.
  • “Your Data” means any data, content, information and materials, including Social Media Data, that you submit to the Platform, connect to the Platform, or otherwise make available to the Platform Owner in connection with your use of the Platform.

2. Privacy Policy

  • You acknowledge that you have read the Platform Owner’s privacy policy available at Privacy Policy (the “Privacy Policy”). The Privacy Policy describes how the Platform Owner collects, uses, discloses and otherwise processes personal information when you use the Platform.
  • The Privacy Policy is hereby incorporated into and forms part of these Terms by reference. By accessing or using the Platform, you agree to the collection, use and disclosure of your personal information in accordance with the Privacy Policy, as it may be amended from time to time in accordance with its terms.
  • In the event of any inconsistency between these Terms and the Privacy Policy with respect to the treatment of personal information, the Privacy Policy will govern to the extent of the inconsistency, except where these Terms expressly provide for additional restrictions or protections.
  1. Acceptance of Terms
  • By creating an account, clicking “I agree”, using the Platform, or otherwise indicating your acceptance of these Terms, you agree to be bound by and comply with these Terms. If you do not agree with these Terms, you must not access or use the Platform.
  • If you are using the Platform on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case “you” and “your” will refer to that entity.
  • You represent and warrant that you have reached the age of majority in your jurisdiction and that you have the legal capacity to enter into this Agreement. If you are not of the age of majority, you may only use the Platform with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
  1. Platform & Platform Owner
  • The Platform is a technology service that allows Influencers and Purchasers to discover one another, view information and analytics, exchange messages and other information, and, if they so choose, negotiate or enter into separate agreements for Campaigns. The Platform Owner does not itself provide influencer services or purchasing services and does not act as an agent, representative or broker of any Influencer or Purchaser.
  • The Platform Owner is not a party to, and will not be responsible for any discussions, negotiations, offers, acceptances, contracts or other legal arrangements between any Influencer and any Purchaser relating to a Campaign or otherwise. Any contract, statement of work, insertion order or similar arrangement between an Influencer and a Purchaser (collectively, “Influencer–Purchaser Agreements”) is solely between such Influencer and such Purchaser.
  • As between you and the Platform Owner, you acknowledge and agree that:
  • neither the Platform Owner nor the Platform is responsible for the performance, quality, lawfulness, timeliness or outcome of any Campaign or Influencer–Purchaser Agreement;
  • neither the Platform Owner nor the Platform will be responsible for any payments owed or made between Influencers and Purchasers under any Influencer–Purchaser Agreement; and
  • neither the Platform Owner nor the Platform will be responsible for compliance by Influencers or Purchasers with any advertising, consumer protection, endorsement, disclosure, privacy or other laws applicable to their Campaigns or content.
  • Influencers and Purchasers are solely responsible for ensuring that any Influencer–Purchaser Agreements are adequate for their needs, properly documented, and compliant with all applicable laws. In particular, Purchasers shall be responsible for and ensure that Influencer-Purchaser Agreements provide the appropriate disclosures required under the local marketing and related laws in the jurisdiction of any marketing activity.
  • You agree to hold harmless and fully release the Platform Owner from any and all claims, disputes, causes of action, damages, losses, liabilities, costs and expenses arising from or relating to any Influencer–Purchaser Agreement or Campaign, including without limitation disputes around performance, non-payment, intellectual property, or regulatory compliance, except to the extent directly caused by a material breach of this Agreement by the Platform Owner.
  1. Account Registration and Use
  • To access certain features of the Platform, you must register and create an account as an Influencer or Purchaser. You agree to provide accurate, current and complete information during registration and to always keep such information current.
  • You are responsible for maintaining the confidentiality and security of your account credentials and for all activity that occurs under your account. You agree to notify the Platform Owner promptly of any actual or suspected unauthorized access to or use of your account.
  • You agree that you will not, and will not permit any third party to, use the Platform or any part thereof in a timesharing, service bureau, software-as-a-service or similar arrangement for the benefit of any person other than you, nor will you sell, resell, rent, lease, license, sublicense, assign, distribute, transfer, outsource, host or otherwise commercially exploit or make the Platform available to any third party (whether on a standalone basis or bundled with other products or services), except as expressly permitted under these Terms.
  • You agree to use the Platform only for lawful purposes and in compliance with all applicable laws, regulations and regulatory guidance, and you will not post, upload, transmit or otherwise make available through the Platform any content that is unlawful, obscene, pornographic, sexually explicit, defamatory, libelous, harassing, hateful, discriminatory, threatening, abusive, violent, or otherwise offensive or inappropriate, that infringes or violates any intellectual property, privacy, publicity or other rights of any person, that promotes or facilitates illegal activity (including fraud, money laundering, terrorism or the sale or distribution of illegal goods or services), or that constitutes spam, junk mail, chain letters, pyramid schemes, phishing or other unsolicited or bulk communications, and you will not impersonate any person or entity, misrepresent your affiliation with any person or entity, or attempt to circumvent, disable or interfere with any security-related features or technical measures of the Platform or any related systems.
  1. Subscriptions, Billing and Payment
  • Certain features or portions of the Platform are made available only on a paid Subscription basis. Subscriptions may be offered on either:
  • a monthly basis, with a billing cycle of one month; or
  • a yearly basis, with a billing cycle of twelve months

in each case as selected by you during the sign-up process or as later adjusted in accordance with the functionality provided by the Platform.

  • Your Subscription entitles you to access and use the Platform, strictly in accordance with these Terms, during the applicable Subscription period. For clarity, the Fees you pay to the Platform Owner are solely and exclusively for your right to access and use the Platform and do not include or cover any amounts due under any Influencer–Purchaser Agreement or Campaign. The Platform Owner is not responsible for collecting or remitting any amounts under Influencer–Purchaser Agreements.
  • You authorize the Platform Owner or its third party payment processor to charge your designated payment method for all Fees associated with your Subscription, on a recurring basis in accordance with the applicable billing cycle. You represent and warrant that you have the legal right to use any payment method submitted to the Platform.
  • Unless otherwise specified at the time of purchase, all Fees are non-refundable, and your Subscription will automatically renew for successive billing cycles under the same plan and terms, unless and until you cancel your Subscription through your account settings or the Platform Owner suspends or terminates your access in accordance with these Terms.
  • You are responsible for all taxes, duties, levies and similar charges (other than taxes based on the Platform Owner’s income) arising out of or relating to your Subscription and your use of the Platform. The Platform Owner may charge you such amounts in addition to the Fees, or you may be responsible for remitting them directly to the relevant authorities, as applicable.
  1. Social Media Integrations and Data Pulls
  • The Platform may offer functionality that allows Influencers and, where applicable, Purchasers, to connect their accounts on, or otherwise authorize data access from, Social Media Platforms. By enabling any such connection or integration, you:
  • expressly instruct and authorize the Platform Owner to access, collect, retrieve and store Social Media Data relating to your connected Social Media Platform accounts, in accordance with the permissions granted by you and the technical capabilities and policies of the relevant Social Media Platforms;
  • consent to the Platform Owner displaying Social Media Data, including follower counts, follower and following lists, engagement metrics and similar information, to other Users of the Platform, to the extent reasonably necessary to operate and improve the Platform, support discovery and matching, and provide analytics and reporting features; and
  • represent and warrant that you have all necessary rights, consents and authorizations to grant the foregoing permissions and to allow the Platform Owner to access and use Social Media Data as contemplated herein.
  • The Platform Owner will access Social Media Data only in accordance with these Terms, the Privacy Policy, and the applicable terms and conditions of the relevant Social Media Platforms. You acknowledge that:
  • Social Media Data is provided by third-party Social Media Platforms over which the Platform Owner has no control;
  • the availability, accuracy and completeness of Social Media Data are subject to the technical and contractual limitations of those third parties; and
  • Social Media Platforms may modify or terminate their APIs or data-sharing practices at any time, which may affect the operation of the Platform.
  • You may revoke the Platform’s access to a particular Social Media Platform at any time by modifying your settings on such Social Media Platform or within the Platform (where that option is provided). Revoking access may impair or disable certain features of the Platform, and you acknowledge that the Platform Owner will have no liability for any resulting limitations in functionality.
  • The Platform may use application programming interfaces, webhooks, and similar technologies (collectively, the “APIs”) to provide features, connect to other services, and operate as intended, and by using the Platform you acknowledge and agree that its operation necessarily involves the use of APIs and the exchange, transmission, access, processing, and storage of data (including your data and, if applicable, end-user data) through those APIs. If we provide you with any keys, tokens, client IDs, secrets, or other credentials for accessing API-based features (“API Credentials”), you must keep them secure and confidential, must not share, transfer, or disclose them to any third party, and you are responsible for all activity conducted using your API Credentials. You further acknowledge and agree that, in order to provide the Platform and any optional features you enable (including integrations, automations, or connections to third-party applications), we may share data with and receive data from third-party applications, platforms, or services (“Third-Party Services”) via APIs, and by enabling or using any Third-Party Service within the Platform you instruct and authorise us to do so; however, we do not control and are not responsible or liable for any Third-Party Services or for how they use, store, or protect your data, and your use of such Third-Party Services is governed solely by your agreements with their providers. You agree not to use the APIs in any manner that interferes with or degrades the performance, security, or integrity of the Platform, or that attempts to circumvent any technical or security measures, and you must implement appropriate safeguards to protect any data you access or export through API-based features and comply with all applicable laws, regulations, and industry standards (including those relating to privacy and data protection). We may modify, deprecate, or discontinue any API-based functionality of the Platform, or suspend or restrict your access to such functionality, at any time where reasonably necessary for security, legal, operational, or technical reasons, or if you breach this Agreement, and where reasonably practicable we will use commercially reasonable efforts to provide advance notice of material changes or deprecations.
  1. Data, Likeness, Confidentiality and Company Information
  • As between you and the Platform Owner, you retain any ownership rights that you may have in Your Data. By submitting, uploading, connecting or otherwise making Your Data available to or through the Platform, you grant to the Platform Owner a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, store, reproduce, modify (solely for formatting and technical purposes), display and otherwise use Your Data solely for the purposes of operating, maintaining, improving, and providing the Platform and related services, as well as for internal analytics, quality, security and product development purposes.
  • Without limiting section 8.1, each Influencer and Purchaser hereby grants to the Platform Owner a fully paid, royalty-free, worldwide, non-exclusive licence, for the duration of the Influencer’s or Purchaser’s use of the Platform and for a commercially reasonable period thereafter to use, reproduce, display, transmit and otherwise exploit:
  • in the case of an Influencer, the Influencer’s name, image, likeness, logos, social media handles and other identifying indicia; and
  • in the case of a Purchaser, the Purchaser’s legal name, trade name, logos, trademarks and other company identifiers,
    solely for the purposes of:
  • operating, promoting and displaying the Platform;
  • presenting the relevant Influencer or Purchaser profile and Social Media Data to other Users within the Platform; and
  • including the Influencer or Purchaser in catalogues, searchable listings and similar Platform interfaces.
    • The licence in section 8.2 will not be used by the Platform Owner to make any public commercial endorsement of an Influencer or Purchaser outside the Platform without that party’s consent, other than general marketing statements identifying Influencers or Purchasers as users of the Platform (for example, “Influencers and companies using Doaki Connect Inc. include…”).
  • You represent and warrant that Your Data, and the Platform Owner’s use thereof in accordance with these Terms, does not and will not infringe, misappropriate or violate any third party rights (including privacy, publicity and intellectual property rights) or any applicable law.
  • In these Terms, “Confidential Information” means any non-public, confidential or proprietary information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) in connection with the Platform or these Terms, whether disclosed orally or in writing, and whether or not marked or identified as confidential, including without limitation business plans, pricing, technical data, product information, processes, source code, security information, financial information, marketing plans, customer or user lists, and any information relating to the operation of the Platform. For greater certainty, the Platform, all non-public features and functionality of the Platform, and any non-public documentation or specifications provided by the Platform Owner constitute Confidential Information of the Platform Owner.
  • The Receiving Party will: (a) use the Disclosing Party’s Confidential Information solely for the purposes of exercising its rights and performing its obligations under these Terms and using the Platform as permitted herein; (b) not disclose the Disclosing Party’s Confidential Information to any third party, except to its employees, contractors and professional advisors who have a need to know such information for the permitted purpose and who are bound by confidentiality obligations no less protective than those in these Terms; and (c) protect the Disclosing Party’s Confidential Information using at least the same degree of care it uses to protect its own similar information, and in any event not less than a reasonable degree of care.
  • The obligations in this section do not apply to information that the Receiving Party can demonstrate: (a) is or becomes generally available to the public through no breach of these Terms by the Receiving Party; (b) was lawfully in the Receiving Party’s possession without restriction on disclosure prior to its disclosure by the Disclosing Party; (c) is lawfully disclosed to the Receiving Party by a third party without restriction on disclosure and without breach of any obligation of confidentiality; or (d) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.
  • The Receiving Party may disclose the Disclosing Party’s Confidential Information to the extent required by applicable law, regulation or a valid court or governmental order, provided that (where legally permitted) the Receiving Party gives the Disclosing Party prompt written notice of the request and reasonably cooperates, at the Disclosing Party’s expense, in any effort to seek a protective order or other appropriate remedies.
  • Each party acknowledges that unauthorized use or disclosure of the other party’s Confidential Information may cause irreparable harm for which monetary damages may be inadequate, and that, in addition to any other rights and remedies available at law or in equity, the Disclosing Party will be entitled to seek injunctive or other equitable relief to prevent or curtail any such actual or threatened breach.
  • The obligations in this section will commence on first disclosure of Confidential Information and will continue for so long as such information remains confidential, provided that, with respect to Confidential Information that constitutes a trade secret under applicable law, such obligations will continue for so long as such information continues to qualify as a trade secret.
  • As between you and the Platform Owner, you acknowledge and agree that all data, insights, metrics, models, algorithms, analyses, compilations, reports and other materials that are generated, developed or derived by or through the Platform from (or using) the Platform’s systems, features, tools or services, including those derived from or incorporating Your Data in aggregated, de-identified or statistical form (collectively, “Platform Data”), are and will remain the exclusive property of the Platform Owner.
  • You do not acquire any ownership rights in the Platform Data, and your rights in respect of Platform Data are limited to any rights of access or use expressly granted to you in these Terms. Without limiting the generality of the foregoing, you agree that you will not copy, download (except to the limited extent permitted by the Platform’s normal functionality), resell, redistribute or otherwise exploit Platform Data except as expressly authorized in writing by the Platform Owner.
  • The Platform Owner will not disclose Platform Data in a form that identifies you or any other individual as the source of specific underlying data, except: (a) to provide the Services to you and operate the Platform; (b) as described in this Agreement and our Privacy Policy; or (c) where required by applicable law, regulation or a valid court or governmental order. The Platform Owner may use and disclose Platform Data in aggregated, anonymized or de-identified form for any lawful business purpose, including to operate, maintain, improve and market the Platform and to develop new products and services.
  1. Use Restrictions and Platform Data
  • You agree that you will not:
  • access or use the Platform in any manner that violates any applicable law;
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying structure of the Platform, except to the limited extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
  • use the Platform to transmit spam, unsolicited communications or any content that is unlawful, defamatory, harassing, fraudulent, obscene or otherwise objectionable;
  • interfere with or disrupt the integrity or performance of the Platform or its underlying systems; or
  • use any automated means (including bots or crawlers) to access the Platform except as expressly permitted by the Platform Owner.
  1. Indemnity for Influencer-Purchaser Agreements
  • You acknowledge that the Platform Owner does not draft, review, negotiate, approve, or become a party to any Influencer–Purchaser Agreement. All terms and conditions of any such agreement, including fees, deliverables, timelines, intellectual property, usage rights, approvals, disclosures and compliance obligations, are solely between the Influencer and the Purchaser.
  • You agree that, as between you and the Platform Owner, you are solely responsible for all acts, omissions and obligations arising from or relating to any Influencer–Purchaser Agreement to which you are a party.
  • You agree to indemnify, defend and hold harmless the Platform Owner and its affiliates, and their respective directors, officers, employees and agents, from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to:
  • any Influencer–Purchaser Agreement or Campaign to which you are a party;
  • Your Data, including any allegation that Your Data infringes or violates any third party rights; or
  • your breach of these Terms or any applicable law.
  1. Disclaimers
  • The Platform and all content and services provided through it are provided “as is” and “as available” without warranty of any kind, whether express, implied, statutory or otherwise. To the maximum extent permitted by applicable law, the Platform Owner disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement and title.
  • The Platform Owner does not warrant that the Platform will be uninterrupted, secure or error-free, or that any data or content (including Social Media Data) will be accurate, complete or current. You acknowledge that your use of the Platform and any reliance on data or content obtained through the Platform is at your sole risk.
  1. Limitation of Liability
  • To the maximum extent permitted by applicable law, in no event will the Platform Owner be liable to you for any indirect, incidental, consequential, special, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, data or business opportunities, arising out of or in connection with the Platform or these Terms, whether based on contract, tort (including negligence), strict liability or any other theory, even if the Platform Owner has been advised of the possibility of such damages.
  • To the maximum extent permitted by applicable law, the aggregate total liability of the Platform Owner arising out of or relating to these Terms, the Platform, and any use or inability to use the Platform, whether in contract, tort (including negligence), strict liability or any other theory, will not exceed, in the aggregate, the total Fees actually paid by you to the Platform Owner for access to the Platform during the six (6) month period immediately preceding the event giving rise to the claim or $500, whichever is less.
  • The foregoing limitations will apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations or exclusions of liability; in such jurisdictions, the limitations and exclusions above will apply to the maximum extent permitted by law.
  1. Term, Suspension & Termination
  • These Terms are effective from the date you first accept them and continue until terminated in accordance with this section.
  • You may terminate your Subscription at any time in accordance with the cancellation procedures made available through the Platform. Such termination will be effective at the end of your then-current billing period, and you will not be entitled to any refund of prepaid Fees unless required by applicable law. You acknowledge and agree that if you select a yearly Subscription, such Subscription is for a fixed, non-cancellable term of twelve (12) months and all fees for that yearly Subscription are fully earned upon payment and are strictly non-refundable, and you will not be entitled to any refund, credit or proration of fees in the event of cancellation, downgrade, non-use of the Platform, or early termination of your account, except where a refund is expressly required by applicable law.
  • The Platform Owner may immediately suspend or terminate your access to the Platform and/or terminate these Terms, in whole or in part, upon written notice to you if: (a) you commit a breach of these Terms that is, by its nature, incapable of cure; (b) you commit a material breach of these Terms that is capable of cure and fail to remedy such breach within ten (10) days after receiving written notice of the breach from the Platform Owner; (c) you become or are declared insolvent or bankrupt, make an assignment for the benefit of creditors, become the subject of any proceeding relating to liquidation, insolvency, receivership, winding-up or assignment for the benefit of creditors, or any similar proceeding is commenced against you and not dismissed or stayed within thirty (30) days; or (d) you cease carrying on business in the ordinary course, or threaten to do so. Upon any such termination, your right to access and use the Platform will immediately cease, and you will remain responsible for all obligations and liabilities incurred prior to the effective date of termination.
  • Upon any termination of these Terms, your right to access and use the Platform will cease, and you must immediately cease all use. Sections which, by their nature, are intended to survive termination (including sections relating to ownership, licences, Social Media Data, disclaimers, limitation of liability, indemnities and governing law) will survive any termination.
  1. Governing Law & Dispute Resolution

 

  • These Terms and any dispute, controversy or claim arising out of or in connection with these Terms or the Platform, including any question regarding their existence, validity, interpretation, performance, breach or termination, 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 of law or conflict of law rules that would result in the application of the laws of any other jurisdiction.
  • All disputes, claims, or controversies arising out of or in connection with these Terms, their breach, interpretation, or enforcement (each, a “Dispute”) shall be finally resolved by confidential, binding arbitration under the Arbitration Act, 1991 (Ontario), before a single arbitrator. The parties shall first attempt to agree on the appointment of the arbitrator; failing such agreement within ten (10) days after one party delivers a notice of arbitration to the other, either party may apply to a judge of the Ontario Superior Court of Justice to appoint the arbitrator in accordance with the Arbitration Act, 1991 (Ontario). The seat of arbitration shall be Toronto, Ontario, and the arbitration shall be conducted in English. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced as a judgment in any court of competent jurisdiction. Despite the foregoing, this arbitration clause does not apply where applicable law requires a Dispute to be brought before a court, and either party may, at any time, seek injunctive or other equitable relief from a court of competent jurisdiction to prevent or restrain actual or threatened misuse of its confidential information, intellectual property, or other proprietary rights.
  1. Miscellaneous
  • If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • You may not assign or transfer these Terms or any of your rights or obligations hereunder without the prior written consent of the Platform Owner. The Platform Owner may assign or transfer these Terms, in whole or in part, without restriction.
  • These Terms, together with any order forms and any policies or documents incorporated by reference (including the Privacy Policy), constitute the entire agreement between you and the Platform Owner with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, proposals and communications, whether oral or written, relating to such subject matter.
  • All notices under these Terms must be in writing. Notices to the Platform Owner may be sent to notices@doakiconnect.com and

    021 Yonge St, Unit 899, North York, ON, M2M 3W2, Canada. Notices to you may be sent to the email address or physical address associated with your account.

 

END USER LICENSE AGREEMENT (EULA)
MOBILE APPLICATIONS

This End User License Agreement (“EULA”) is a legal agreement between you and Doaki Connect Inc. (“Platform Owner”, “we”, “us” or “our”) regarding your use of the Platform Owner’s mobile applications including but not limited to Doaki Connect (each, an “App”) that provide access to the Platform described in the Terms of Service. This EULA supplements and incorporates by reference the Terms of Service. In the event of a conflict between this EULA and the Terms of Service with respect to your use of the App, the Terms of Service will prevail, except to the extent this EULA expressly states otherwise as to the App licence.

  1. Acceptance of this EULA & Relationship to Terms of Service and Privacy Policy
  • By installing, accessing or using the App, you agree to be bound by the terms of this EULA and the Terms of Service. If you do not agree to this EULA, you must not install or use the App.
  • The Platform Owner’s Privacy Policy, as referenced in and incorporated into the Terms of Service, also applies to your use of the App. By installing or using the App, you acknowledge that you have read the Privacy Policy and consent to the collection, use and disclosure of your personal information as described in the Privacy Policy.
  1. License Grant
    • Subject to your compliance with this EULA and the Terms of Service, the Platform Owner grants you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to install and use the App on a mobile device that you own or control and solely for your access to and use of the Platform in accordance with the Terms of Service.
  • This licence is granted to you for use on devices that meet the minimum system requirements and that operate a validly licensed copy of the operating system on which the App is designed to operate, including iOS and Android, as applicable.

 

  1. Restrictions
  • You agree that you will not, and will not permit any third party to:
  • copy, modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the App, except to the limited extent expressly permitted by applicable law notwithstanding this restriction;
  • rent, lease, lend, sell, redistribute, sublicense or otherwise transfer the App or any of your rights hereunder;
  • remove, alter or obscure any proprietary notices or labels in or on the App; or
  • use the App for any purpose that is unlawful or prohibited by this EULA or the Terms of Service.

 

  1. Relationship with App Stores
  • If you downloaded the App from the Apple App Store, you acknowledge and agree that:
  • this EULA is concluded between you and the Platform Owner only, and not with Apple Inc. (“Apple”), and Apple is not responsible for the App or its content;
  • Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App;
  • in the event of any failure of the App to conform to any applicable warranty (if any such warranty is not effectively disclaimed), you may notify Apple, and Apple will refund the purchase price for the the App (if any) to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App;
  • Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including:
    (i) product liability claims;

(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; or
(iii) claims arising under consumer protection or similar legislation; and

  • Apple and its subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance of this EULA, will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
  • If you downloaded the App from Google Play or another Android app marketplace operated by Google LLC (“Google”), you acknowledge and agree that
  • this EULA is between you and the Platform Owner only, and not with Google;
  • Google is not responsible for the App or its content and has no obligation to provide any maintenance or support services with respect to the App; and
  • you will comply with any applicable Google Play or other Android marketplace terms and conditions in connection with your use of the App, and in the event of any conflict between this EULA and such terms and conditions as they relate to your rights and obligations vis-à-vis Google, such marketplace terms will govern as between you and Google.
  1. Data, Privacy and Social Media Integrations via the App

 

  • The App is a means of accessing the Platform and may include functionality that allows you to connect to Social Media Platforms and authorize the App to access Social Media Data associated with your accounts on such platforms. Your use of such functionality is subject to the Terms of Service, including the sections dealing with Social Media Integrations and Data Pulls and Your Data, and to the Privacy Policy.
  • By using the App to connect to any Social Media Platform, you expressly consent to the access, collection, use and display of Social Media Data by the App and the Platform Owner as described in the Terms of Service and in the Privacy Policy.

 

  1. Intellectual Property and Ownership
    • The App, including all software, code, graphics, user interfaces and other content therein, is owned by or licensed to the Platform Owner and is protected by intellectual property laws. This EULA does not transfer to you any ownership rights in the App or any intellectual property rights of the Platform Owner or its licensors.
  • All rights in and to the App not expressly granted to you in this EULA are reserved by the Platform Owner and its licensors.
  1. Updates and Changes
    • The Platform Owner may, from time to time, provide updates or upgrades to the App, which may include bug fixes, patches, enhancements or new features. Such updates may be provided automatically or may require your manual installation, depending on your device settings and the policies of the applicable app marketplace.
  • This EULA will apply to any updates or upgrades to the App, unless such updates or upgrades are accompanied by a separate licence, in which case the terms of that licence will apply.
  1. Termination

 

  • This EULA is effective from the time you first install or use the App and will remain in effect until terminated in accordance with this section 8.
  • You may terminate this EULA at any time by uninstalling and deleting all copies of the App from your devices.
  • The Platform Owner may terminate this EULA, and may suspend or disable your access to the App, immediately upon notice to you if you fail to comply with any term of this EULA or the Terms of Service. Upon termination, you must cease all use of the App and delete all copies from your devices.
  • Sections of this EULA that, by their nature, should survive termination (including sections dealing with intellectual property, disclaimers, limitation of liability and governing law) will survive any termination.
  1. Disclaimers and Limitation of Liability
  • The App is provided “as is” and “as available” and is subject to the disclaimers set out in the Terms of Service. To the maximum extent permitted by applicable law, the Platform Owner disclaims all warranties, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement and title, with respect to the App.
  • To the maximum extent permitted by applicable law, the aggregate total liability of the Platform Owner arising out of or relating to this EULA, the App, and your use or inability to use the App, whether in contract, tort (including negligence), strict liability or any other theory, will not exceed, in the aggregate, the total Fees actually paid by you to the Platform Owner for access to the Platform during the six (6) month period immediately preceding the event giving rise to the claim, or $500 whichever is less. For greater certainty, this limitation is intended to be consistent with, and not in addition to, the limitation of liability set out in the Terms of Service, and the higher of the applicable caps (if any) will apply.
  • In no event will Apple, Google or any other app marketplace operator be liable to you for any claims arising out of or relating to the App or this EULA.
  1. Governing Law and General
  • Section 14 of the Terms of Service governs disputes under this EULA.
  • If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • This EULA, together with the Terms of Service, constitutes the entire agreement between you and the Platform Owner regarding your use of the App and supersedes all prior or contemporaneous agreements or understandings with respect to such subject matter.
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