Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the Attractionator platform, operated by Avenue.io Inc. ("Attractionator," "we," "us," or "our"), including our website, dashboard, APIs, and mobile applications (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms.

Description of Service

Attractionator is a software-as-a-service (SaaS) platform that provides white-label mobile applications and management tools for zoos, aquariums, museums, theme parks, festivals, and other visitor attractions ("Clients"). The Platform enables Clients to manage exhibits, events, maps, wayfinding, and visitor engagement through branded mobile apps and an administrative dashboard.

Eligibility

The Platform is intended for business use by organizations operating visitor attractions. By registering for an account, you represent that you are authorized to bind your organization to these Terms and that your organization is a lawfully operating entity.

Account Registration

To access the Platform, you must register for an account. You agree to:

• Provide accurate and complete information
• Keep your account credentials secure
• Promptly update your information if it changes
• Accept responsibility for all activity under your account
• Notify us immediately of any unauthorized access

Subscription and Payment

Access to the Platform requires a paid subscription. By subscribing, you agree to the following:

• Subscriptions renew automatically at the end of each billing period unless cancelled at least 10 days before renewal
• All fees are quoted in the applicable currency and are exclusive of taxes
• We may adjust pricing with at least 30 days' written notice before your next renewal
• Non-payment may result in suspension of access after 10 days' notice

Client Responsibilities

As a Client using the Platform, you agree to:

• Use the Platform only for lawful purposes related to operating your attraction
• Ensure all content you upload (exhibit descriptions, images, event details, maps) is accurate and does not infringe third-party rights
• Obtain appropriate consent from your visitors for any personal data collected through your branded mobile app
• Comply with applicable privacy laws regarding visitor data you control
• Not attempt to reverse-engineer, copy, or redistribute the Platform

Content Ownership

You retain all rights to the content you upload to the Platform, including exhibit information, images, event details, and branding assets ("Client Content"). By uploading Client Content, you grant us a limited, non-exclusive license to use it solely for the purpose of providing the Platform services.

The Platform itself, including its design, code, features, and documentation, is owned by Avenue.io Inc. and protected by intellectual property laws. Your subscription grants a non-exclusive, non-transferable license to use the Platform during your subscription period.

Data and Privacy

Your use of the Platform is also governed by our Privacy Policy. You acknowledge that:

• You are the data controller for visitor data collected through your branded mobile app
• We act as a data processor, handling visitor data solely to provide the Platform services
• You are responsible for your own privacy policy and obtaining visitor consent

Data Retrieval and Termination

Upon termination of your subscription, you will have 30 days to export your data through the dashboard. After this period, we will delete your Client Content and visitor data from our active systems. Data may be retained in backups for a reasonable period in accordance with our data retention practices.

Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose
• Upload content that is defamatory, obscene, or infringes on the rights of others
• Interfere with or disrupt the Platform or its infrastructure
• Attempt to access other Clients' data or accounts
• Use the Platform to distribute malware, spam, or unsolicited communications
• Resell or sublicense access to the Platform without our written consent

Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVENUE.IO INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify and hold harmless Avenue.io Inc., its officers, directors, employees, and agents from any claims, damages, or expenses arising from: (a) your use of the Platform; (b) your Client Content; (c) your violation of these Terms; or (d) your violation of any third-party rights, including visitor privacy rights.

Termination

Either party may terminate the subscription:

• For cause: If the other party materially breaches these Terms and fails to cure within 30 days of written notice
• For convenience: By providing written notice at least 30 days before the end of the current billing period

We may immediately suspend access if we reasonably believe your use poses a security risk or violates applicable law.

Governing Law

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any disputes arising from these Terms will be resolved in the courts of Alberta, Canada.

Changes to Terms

We may update these Terms from time to time. We will provide at least 30 days' notice of material changes by email or through the dashboard. Continued use of the Platform after the effective date of changes constitutes acceptance.

Contact Us

If you have questions about these Terms, contact us at:

Avenue.io Inc.
Edmonton, Alberta, Canada

Email: legal@attractionator.com