End User License Agreement

The BCAAFC is the owner of the Licensed Application, developed by Ursa Creative. For any inquiries or concerns, please contact the Gathering Our Voices Team at [email protected].

Ability to Accept EULA. To accept the terms and conditions of this EULA and to download and/or use the Licensed Application, you must be, and you represent and warrant that you are: (a) at least nineteen (19) years of age; or (b) if you are under 19, you have obtained the consent of your parent or guardian to accept this Agreement on your behalf, in which case your parent or guardian is responsible for your use of the Licensed Application. If you have not met these requirements, you must not access or use the Licensed Application.

Passwords and Privacy Protection. Except as provided in section 5, you agree not to share passwords or login information for the Licensed Application with any other individual or entity. Please refer to the Privacy Policy to understand your rights and our obligations to you, your information, and your right to privacy in British Columbia and Canada.

If you are the parent or guardian of a minor, you must not use their passwords or login information for the Licensed Application on their behalf unless they are incapable of doing so on their own.

Notifications. Notifications will be sent out on occasion to Users of the application. These will be in the form of push notifications on some devices, or emails.
Notifications can be turned off anytime in the app by navigating to the “Notifications” tab under “Account Details”.
These will be for items such as:

1. Notices for critical days regarding the vent such as workshop or registration days

2. Notices of upcoming workshops regarding delegate schedules

3. Venue, time, or other important changes during the event

4. Changes to the application or it’s Agreement

5. Emergency responding scenarios

6. Other important updates regarding Gathering Our voices

The Licensed Application and all other information and works made available, displayed or transmitted in connection with the Licensed Application, including without limitation data, text, audio, video, trademarks, trade names, logos, domain names, images, graphics, graphical user interface elements and designs, in any form or medium whatsoever (collectively, the “Content”), are owned by the BCAAFC or its licensors and are protected by copyright, patent, trademark and other laws protecting intellectual property rights.

Third Parties. The Licensed Application integrates with Auth0 for single sign-on authentication. Auth0 is a tool used for access delegation, used as a way for internet users to grant our application access to their information without giving the application passwords. This mechanism is used by companies such as Google, Facebook, Microsoft, and Apple to permit users to share information about their accounts with third-party applications or websites.

Auth0 provides a way for resource owners to provide our application with secure delegated access to server resources. It specifies a process for resource owners to authorize third-party access to their server resources without providing credentials.
Auth0 maintains and meets the requirements for multiple compliance frameworks and certifications. Full details on data collection, compliance and usage can be found at https://auth0.com/docs/secure/data-privacy-and-compliance.

License. The BCAAFC grants you a non-exclusive, royalty-free, non-transferable, and, subject to the terms of this Agreement, perpetual license to use the Licensed Application on devices that you either own or control. This license is granted solely for your personal, non-commercial use and is subject to the following conditions:

1. Restrictions: You may not distribute, sublicense, rent, lease, lend, sell, transfer, or otherwise make the Licensed Application available over a network where it could be used by multiple devices simultaneously. If you sell your device to a third party, you must remove the Licensed Application from that product before the sale.

2. Prohibited Actions: You shall not copy (except as permitted by this License), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, upgrades, or any part of the Licensed Application, except to the extent that any of the foregoing restrictions are prohibited by applicable law or to the extent permitted by licensing terms governing use of any open-sourced components included with the Licensed Application.

3. Termination: This license will terminate automatically if you fail to comply with any terms and conditions of this Agreement or if any of your representations or warranties become inaccurate or untruthful. The BCAAFC also reserves the right to terminate this license for any reason in its sole discretion. Upon termination, you must cease using the Licensed Application and delete or destroy all copies of the Licensed Application in your possession or under your control.

Termination. The License will terminate automatically in the event that you fail to comply with any of the terms and conditions of this EULA or if any of your representations or warranties are or become inaccurate or untruthful. The BCAAFC also reserves the right to terminate this License for any reason, in its sole discretion. In the event of termination of this License for any reason, you must: (a) immediately stop using the Licensed Application; and (b) delete or destroy all copies of the Licensed Application in your possession or under your control.

Acceptable Use. You must not take any action in connection with your use of the Licensed Application that would jeopardize the security, integrity and/or availability of the Licensed Application, including, without limitation:

1. using the Licensed Application for any unlawful or inappropriate purpose;

2. decompiling, disassembling, reverse engineering or otherwise copying any software associated with the Licensed Application;

3. tampering with any portion of the Licensed Application;

4. using the Licensed Application to transmit any virus or other harmful or destructive computer code, files or programs or to conduct hacking and/or intrusion activities;

5. attempting to circumvent or subvert any security measure associated with the Licensed Application;

6. taking any action that might reasonably be construed as likely to adversely affect other users of the Licensed Application; or

7. removing or altering any proprietary symbol or notice, including any copyright notice, trademark or logo, displayed in connection with the Licensed Application.

Maintenance and Support. The BCAAFC is committed to providing a seamless and enhanced experience for users of the Licensed Application. To achieve this, the app will undergo frequent updates and upgrades to introduce new features, improvements, and bug fixes. These updates are aimed at enhancing the overall functionality, security, and performance of the Licensed Application.

Please be aware that during these updates, the app may not be fully available for use. These updates will be scheduled during times when the app is least likely to be in high demand, ensuring minimal disruptions or inconveniences to users.

The BCAAFC will make every effort to communicate any planned maintenance or downtime in advance, and we appreciate your understanding and patience during these periods. Your continued use of the Licensed Application following updates constitutes your acceptance of the changes and improvements introduced.

No Warranty. The Licensed Application is provided to you “as is”, and the BCAAFC disclaims all representations, warranties, conditions, obligations, and liabilities of any kind, whether express or implied, in relation to the Licensed Application. The BCAAFC does not make any representations or warranties regarding the accuracy, reliability, timeliness, completeness, or suitability of the Licensed Application for any particular purpose.

The BCAAFC makes reasonable efforts to ensure the accuracy and functionality of the Licensed Application, but it does not guarantee that the Licensed Application will be available or error-free. Your use of the Licensed Application is at your own risk, and the BCAAFC shall not be responsible for any inconvenience, damage, or loss caused by the use of the Licensed Application.

Without limiting the general nature of the previous paragraph, the BCAAFC does not represent or warrant that:

• The Licensed Application will be available at all times;

• Your use of the Licensed Application will be timely, uninterrupted, or error-free;

• Any errors in the Licensed Application will be corrected;

• The Licensed Application will meet your expectations and requirements; or

• The Licensed Application is suitable for any specific purpose or use.

Limitation of Liability. To the maximum extent permitted by applicable law, under no circumstances will the BCAAFC be liable to any person or entity for any direct, indirect, special, incidental, consequential, or other loss, claim, injury, or damage, whether foreseeable or unforeseeable. This includes, but is not limited to, claims for damages for loss of profits or business opportunities, use or misuse of, or inability to use, the Licensed Application, interruptions, deletion, or corruption of files, loss of programs or information, errors, defects, or delays, arising out of or in any way connected with your use of the Licensed Application. This limitation of liability applies even if the BCAAFC has been specifically advised of the possibility of such loss, claim, injury, or damage.

The BCAAFC acknowledges that unforeseen technical issues or bugs might arise that could impact the app’s performance. The BCAAFC is committed to addressing and rectifying these issues promptly to provide users with the best possible experience. However, you understand and agree that the BCAAFC shall not be liable for any inconvenience, loss, or damages resulting from such technical issues.

By using the Licensed Application, you acknowledge and accept the limitations and disclaimers set forth in this section. If you are dissatisfied with the Licensed Application or any of its features, your sole remedy is to discontinue using the app.

Intellectual Property Claims. The Licensed Application and the content thereof are owned by the BCAAFC or used by the BCAAFC under license. The Parties acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and/or use of the Licensed Application infringes that third party’s intellectual property rights, the BCAAFC, and not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim. In the event of any such claim, the BCAAFC reserves the right to replace any content that allegedly infringes a third party’s intellectual property rights.

Any information provided by you and input into the system remains your intellectual property. As such, it will never be sold, reused, redistributed, or used in any way except solely for the purpose of coordinating and planning the event, implementing safety measures, and facilitating a supportive and inclusive environment for all attendees.

You agree to indemnify, defend and hold harmless the BCAAFC and all of its respective servants, employees, and agents from and against all claims, demands, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising from: (a) your use of the Licensed Application; or (b) your violation of any provision of this EULA.

By using the Licensed Application, you consent to the BCAAFC collecting your IP address and device ID as permitted by the Freedom of Information and Protection of Privacy Act (“FOIPPA”). The BCAAFC recognizes the importance of privacy and security, especially when it comes to the safety of our delegates and youth attendees.

In addition, to enhance safety and ensure the well-being of all event participants, the Licensed Application may also collect certain demographic information from users, including but not limited to age, gender, and Indigenous identity. This information will be used solely for the purpose of coordinating and planning the event, implementing safety measures, and facilitating a supportive and inclusive environment for all attendees.

Your consent to the collection of this demographic information is vital to our commitment to creating a safe and positive experience for all users of the Licensed Application. Please be assured that the collected data will be treated with the utmost confidentiality and will only be used for the aforementioned purposes.

If you choose not to provide this demographic information, it may limit certain features and functionalities within the app that are designed to enhance your event experience.

By accepting this Agreement and using the Licensed Application, you acknowledge and consent to the collection and use of your demographic information as described above. If you have any concerns about the collection, storage, or use of your personal information, please contact us at [email protected].

Third Party Web Sites. You acknowledge that: (a) the Licensed Application may include links to third-party websites; (b) when you link to a third-party website, you may be subject to the terms of use and/or the privacy policy, if any, of that third-party website; and (c) the BCAAFC does not endorse the content of any third-party websites and is not responsible for the terms of use, privacy policies, practices, or content of any third-party website.

Third Party Terms of Agreement. You may require the use of third party services in order to use the Licensed Application (including wireless data services), and you agree to comply with any applicable third party terms of service that apply to you when using the Licensed Application.

Changes to Licensed Application and/or Terms. The BCAAFC may at any time, in its sole discretion and without direct notice to you: (a) discontinue the Licensed Application; or (b) make changes to the Licensed Application and/or this EULA. By continuing to use the Licensed Application, you will be conclusively deemed to have accepted any changes to this EULA. Changes to this EULA and the application can be found in the Changelog. Any major changes will result in a push notification or email to all Users.

This EULA and, as applicable, the additional terms referenced in these Terms, are the entire agreement between you and the BCAAFC with respect to the subject matter of this EULA. The headings in these Terms are inserted for convenience only and will not be used in interpreting or construing any provision of this EULA. If any provision of this EULA is invalid, illegal or unenforceable, that provision will be severed from this EULA and all other provisions will remain in full force and effect. This EULA will be governed by and construed in accordance with the laws of the Province of British Columbia and the applicable laws of Canada. By using the Licensed Application, you consent to the exclusive jurisdiction and venue of the courts of the Province of British Columbia, sitting in Victoria, for the hearing of any dispute arising from or related to this EULA and its subject matter.
Users can request a copy of this EULA at any time from the Gathering Our Voices team. The Gathering Our Voices team will provide the EULA within thirty (30) days of any request.