These Terms of Use ("Terms") form a binding agreement between you and Fab5 Scorecard ("Fab5", "we", "us", "our") governing your access to and use of our website, applications, and related services (the "Service"). By creating an account or using the Service, you accept these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old (or 16 in the EEA/UK, or the age of digital consent in your jurisdiction) and able to form a binding contract. If you use the Service on behalf of an organization, you represent you have authority to bind that organization.

2. Accounts

• Provide accurate information and keep it current.
• Keep your credentials confidential; you are responsible for all activity on your account.
• Notify us immediately of any unauthorized use or security breach.

3. License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use.

4. Your Content

You retain ownership of content you submit ("User Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and create derivative works of User Content solely to operate, provide, and improve the Service. If you opt in to the leaderboard, you also grant us the right to display your display name and scores to other users.

You represent that you have all rights necessary to grant this license and that your User Content does not violate any law or third-party right.

5. Acceptable Use

You agree not to:

• Violate any law, regulation, or third-party right.
• Upload malware, spam, or infringing content.
• Reverse engineer, scrape, or interfere with the Service.
• Attempt to access accounts, data, or systems you are not authorized to access.
• Use the Service to harass, defame, or harm others.
• Use the Service to make automated decisions with legal effect about others.

See our Acceptable Use Policy for additional rules.

6. Subscription, Fees & Free Service

The Service is currently provided free of charge. If we introduce paid features, we will publish pricing and additional terms before you are charged, and you will have the opportunity to accept them.

7. Third-Party Services

The Service may integrate with third-party services (e.g. Google authentication). Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services.

8. Intellectual Property

The Service, including all software, designs, trademarks, logos, and content (excluding User Content), is owned by Fab5 or its licensors and protected by intellectual property laws. Except for the limited license granted above, no rights are transferred to you.

9. Feedback

If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

10. Termination

You may stop using the Service or delete your account at any time. We may suspend or terminate your access at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Sections that by their nature should survive termination will survive.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. THE SERVICE IS NOT MEDICAL, LEGAL, FINANCIAL, OR PROFESSIONAL ADVICE. SEE OUR Disclaimer.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FAB5, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (a) US $100 OR (b) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM.

Some jurisdictions do not allow certain disclaimers or limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law (e.g., fraud, gross negligence, or, for consumers in the EEA/UK, statutory rights).

13. Indemnification

You agree to indemnify and hold harmless Fab5 and its affiliates from any claim, damage, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of your User Content, your use of the Service, or your violation of these Terms or applicable law.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict-of-laws principles. The UN Convention on Contracts for the International Sale of Goods does not apply. Except where prohibited by law, any dispute will be resolved exclusively in the courts located in Ontario, Canada, and you consent to their jurisdiction.

U.S. residents: Where enforceable, any dispute will be resolved by binding individual arbitration and not in a class action. You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@fab5scorecard.com with the subject line "Arbitration Opt-Out". Small-claims court is available for qualifying claims. You and Fab5 waive the right to a jury trial and to participate in a class action.

EEA/UK consumers: Nothing above deprives you of the protection of the mandatory laws of your country of residence.

15. Changes

We may modify these Terms from time to time. Material changes will be posted here with a new "Last updated" date. Continued use after changes take effect constitutes acceptance.

16. Miscellaneous

• These Terms are the entire agreement between you and us regarding the Service.
• If any provision is unenforceable, the remaining provisions remain in effect.
• Our failure to enforce any right is not a waiver.
• You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

17. Contact

Questions about these Terms: legal@fab5scorecard.com