End User License Agreement (EULA)

1. Agreement to Terms

This End User License Agreement ("Agreement") is a legally binding contract between you ("User" or "you") and PlaygroundFound ("Company," "we," "us," or "our") governing your use of the PlaygroundFound mobile application ("App").

By downloading, installing, or using the App, you confirm that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to these terms, do not use the App.

2. License Grant

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the App on a device that you own or control for personal, non-commercial purposes.

You may not:

• Modify, copy, or create derivative works based on the App.
• Distribute, lease, sublicense, sell, or transfer the App to any third party.
• Reverse engineer, decompile, or attempt to extract the source code of the App, except as permitted by applicable law.
• Use the App for any illegal, harmful, or unauthorized purpose.

We reserve the right to revoke this license if you violate any terms of this Agreement.

3. User-Generated Content (UGC)

3.1 Ownership & License Grant

By submitting content such as images, descriptions, reviews, or other materials ("User-Generated Content" or "UGC"), you retain ownership of your content. However, you grant PlaygroundFound a perpetual, irrevocable, royalty-free, worldwide, non-exclusive license to use, modify, reproduce, distribute, and display your UGC within the App and related promotional materials.

You waive any moral rights associated with the content to the fullest extent permitted by law.

This license continues even if you stop using the App or request account deletion.

3.2 Content Guidelines

You agree not to submit content that:

• Infringes on any third-party intellectual property or privacy rights.
• Is illegal, defamatory, hateful, obscene, or otherwise offensive.
• Contains false or misleading information.

3.3 Moderation & Removal

We reserve the right to remove or modify any UGC that violates this Agreement at our sole discretion, without notice.

3.4 User Liability & Indemnification

You are solely responsible for any content you submit and agree to indemnify, defend, and hold harmless PlaygroundFound, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your UGC.
• Your violation of this Agreement.
• Your misuse of the App.

4. Accuracy Disclaimer & Third-Party Liability

PlaygroundFound does not verify or endorse the accuracy, completeness, or legality of any playground listing.

We are not responsible for:

• Playground safety, injuries, lost items, or accidents.
• Incorrect, outdated, or missing information.
• Any disputes between users and playground owners, municipalities, or third parties.

Users assume all risks associated with using the App and should independently verify playground details before visiting.

4.1 No Warranties

The App is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

5. Accounts & Data Handling

5.1 Account Suspension & Termination

We may suspend or terminate your account if you violate this Agreement.

We also reserve the right to suspend or terminate accounts at our sole discretion.

5.2 Data Collection & Privacy

• User data is collected and processed in accordance with our Privacy Policy.
• You may request data access or deletion in compliance with PIPEDA (Canada's privacy law).

6. Third-Party Services

The App may integrate with third-party services (e.g., Google Maps). We do not control or endorse these services and are not responsible for their content, privacy policies, or actions.

By using third-party services, you agree to their respective terms.

7. App Updates & Availability

We may update, modify, or discontinue the App at any time without prior notice. Your continued use of the App after updates constitutes acceptance of the revised terms.

8. Limitation of Liability

To the maximum extent permitted by law, PlaygroundFound and its affiliates shall not be liable for any:

• Direct, indirect, incidental, special, consequential, or punitive damages.
• Errors in community-submitted data.
• Third-party services integrated with the App.

Even if advised of the possibility of such damages.

8.1 Liability Cap

Our total liability per user, under any cause of action, shall not exceed CAD $100.

9. Governing Law & Dispute Resolution

This Agreement is governed by the laws of Alberta, Canada, without regard to conflict-of-law principles.

This applies to all users worldwide.

9.1 Binding Arbitration Clause

Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in Calgary, Alberta, except for claims that qualify for small claims court.

Any arbitration shall be conducted exclusively in Calgary, Alberta, and users waive any objections to jurisdiction or venue.

Users waive their right to a class action lawsuit.

10. Contact Information

For questions or concerns about this Agreement, contact us at our support desk.