1. About These Terms

These Terms of Service (the "Terms") are an agreement between you and Epicware Solutions Inc. ("we", "us" or "our"), which provides the Test Love Our Club platform (the "Service"). The Service lets clubs and similar organizations manage their members, memberships, bookings, events, sales, accounting, websites and communications, and lets their members use those services online.

In these Terms, a "Club" is an organization that uses the Service to run its activities, an "Administrator" is a person a Club has given administrator access to its account, and a "Member" is anyone who uses the Service through a Club, including its staff, members, guests and website visitors. If you accept these Terms on behalf of a Club, you confirm that you are authorized to bind it, and "you" includes the Club.

2. Accepting These Terms

You must be of legal age to form a binding contract to accept these Terms. You accept them by checking a box or clicking a button that indicates acceptance, or by using the Service. If you do not agree, do not use the Service. Our Privacy Policy explains how personal information is handled and forms part of these Terms.

3. Accounts and Administrators

You agree to provide accurate and complete information when you sign up and to keep it up to date. You are responsible for keeping your password and any second sign-in factor confidential, and for all activity under your account. Tell us promptly at info@loveourclub.com if you believe your account has been used without your permission.

A Club is responsible for choosing competent Administrators, for what they do in its account, and for keeping control of at least one Administrator account. Only Administrators can manage a Club's subscription and billing. If a Club loses control of its Administrator accounts, we may restore access to a person who shows us, to our reasonable satisfaction, that they are authorized to act for the Club. We are not responsible for a Club's internal administration of its account.

4. Club Subscriptions

Trial. A new Club starts on a free trial, normally 60 days. The trial does not renew and nothing is charged during it. To keep using the Service after the trial, an Administrator chooses a paid plan from Admin, Billing, Subscription.

Plans and prices. The plans available, what each includes, and its price and billing period are shown on the Subscription screen when you choose a plan. Prices are in Canadian dollars unless shown otherwise.

Taxes. Prices do not include taxes. Where we are registered to collect them, GST or HST is added according to the province of the Club's address and is shown before you pay and on your receipt.

Payment. A plan is paid by payment card or by pre-authorized debit from the Club's bank account. The payment method used to buy a plan is kept on file for its renewals, and an Administrator can change it at any time from Admin, Billing, Subscription Payment Method.

Automatic renewal. A paid plan renews automatically at the end of each billing period, for the same period, and the renewal is charged to the payment method on file on the day it starts, until the Club suspends its subscription (see below). For plans billed for longer than a month, we email the Club a notice before the renewal saying what will be charged, when, and to which payment method. By choosing a plan, you authorize us to charge each renewal to the payment method on file at the price you agreed to (see Price changes).

Changing plans. If you move to a plan that costs more, the new plan starts immediately and you pay its price for the rest of the current period, less a credit for the unused part of a plan already paid for. If you move to a plan that costs less, the change takes effect when your current period ends.

Failed payments. If a renewal cannot be collected, we will tell the Club and try again, up to three attempts over about a week. If it still cannot be collected, the renewal is cancelled and the subscription ends with the period already paid. If a pre-authorized debit is returned unpaid by the Club's bank after the renewal has started, the subscription stays active, the amount remains owing, and we will contact the Club to arrange payment.

Grace period. When a paid subscription ends without being renewed, the Club has a grace period of 7 days in which it continues to work normally, so that a payment problem can be put right. After the grace period, the Club's account is locked as described for a suspended Club below, until an Administrator chooses a plan.

Suspending a subscription. An Administrator can suspend the Club's subscription at any time from Admin, Billing, Subscription. Suspending stops automatic renewal; the Club keeps full use of the Service until the end of the period already paid. After that:

• the Club's members and staff cannot sign in, and the Club's public website is taken offline;
• Administrators can still sign in, but only to reach the Club's subscription and billing, so they can resume;
• we keep the Club's data for 1 year after the paid period ended, and the Club can resume its subscription at any time during that year with its data intact;
• after that year, the Club's data may be permanently deleted.

Refunds. Subscription fees are not refundable, in whole or in part, including for the unused part of a period after a subscription is suspended or a plan is changed, except where these Terms say otherwise or the law requires it. We may, at our discretion, give a refund or credit in a particular case; doing so does not change this policy or oblige us to do so again.

Price changes. We may change the price of a plan. A lower price applies from the Club's next renewal. A higher price is never charged until an Administrator accepts it: the renewal is put on hold, we email the Club, and Administrators are asked to accept the new price when they sign in, from Admin, Billing, Subscription. If the new price has not been accepted by the time the renewal is due, the subscription does not renew and ends with the period already paid.

5. Pre-Authorized Debits

When you add a bank account to pay by pre-authorized debit, you accept a pre-authorized debit agreement presented at that time by our payment processor. That agreement, which includes how to cancel it and your recourse rights, governs the debits. You confirm that you are authorized to approve debits from the account. You can stop future debits by changing your payment method; doing so does not cancel amounts already owing.

6. Clubs and Their Members

The Service lets a Club sell memberships, bookings, event entries, products and other items to its Members and collect payment for them. For those sales the Club is the seller: payments go to the Club's own payment processor account, and the Club sets its own prices, taxes, refund rules, membership terms and policies. We are not a party to those sales and are not responsible for them. A Club must have the consents it needs from its Members, must use their information as its own privacy commitments and the law allow, and must comply with the terms of its payment processor.

Members who have questions about a purchase, a refund, a membership or a booking should contact the Club. If a Club's subscription is suspended or ends, its Members may lose access to the Club through the Service; that is a matter between the Club and its Members.

7. Automatic Payments by Members

Where a Club allows it, a Member can set up Automatic Payments with the Club, to renew their membership automatically and/or to pay their account balance, using a payment card or bank account they choose. By turning this on, the Member authorizes the Club to charge those amounts to that payment method when they fall due. A Member can change the payment method or turn Automatic Payments off at any time from the Automatic Payments screen; this stops future charges but does not cancel a renewal that has already been charged. Only the Member can set up or change their Automatic Payments; a Club can cancel them, for example at the Member's request or for a security reason, and the Member is told by email. If the Club raises the price of a membership that renews automatically, the renewal is put on hold and is not charged at the new price until the Member accepts it on the Automatic Payments screen; a renewal whose new price is never accepted does not happen. Questions about these charges should go to the Club.

8. Your Data

A Club owns the content and data it and its Members put into the Service. You grant us permission to store, copy, process, transmit and display that content and data only as needed to provide, secure and support the Service for you, and as described in our Privacy Policy. We do not use it for our own marketing or sell it.

Content that a Club publishes on its public website is visible to anyone and may be indexed by search engines. A Club is responsible for what it publishes and for having the rights to it, and we may remove content that we reasonably believe is unlawful or infringes someone else's rights.

9. Acceptable Use

You agree not to: (i) use the Service for anything unlawful, or to send spam, phishing or other unsolicited bulk messages; (ii) upload or publish content that is unlawful, defamatory, harassing, hateful, obscene, or that infringes another person's rights or privacy; (iii) introduce viruses or malicious code, or try to gain access to accounts, data or systems that you are not authorized to access; (iv) interfere with, overload or disrupt the Service; (v) resell the Service or make it available to third parties other than as the Service intends, without our written permission; or (vi) impersonate any person or misrepresent who a message is from.

10. Communications

We send service announcements, billing notices and other administrative messages by email, which are part of the Service and cannot be turned off. Where we send newsletters or promotional messages, you can opt out of them.

11. Third-Party Services

The Service relies on third parties, including payment processors such as Stripe, and on services a Club chooses to connect, such as its own email account. Your use of those services is also subject to their terms, and we are not responsible for them.

12. Changes to the Service

We continually improve the Service and may add, change or remove features. We may offer some features as previews or betas, which may change or be withdrawn at any time. If we remove a feature that is central to a paid plan, we will give Clubs reasonable notice.

13. Suspension and Termination by Us

We may suspend or restrict access to an account, in whole or in part, if we reasonably believe it is being used in breach of these Terms or unlawfully, if a payment is overdue, to protect the Service or other users, or if required by law. Where practical we will tell you first and give you a chance to put things right. We may end these Terms for a Club that seriously or repeatedly breaches them. A Club may stop using the Service at any time by suspending its subscription, or ask us to delete its account and data by contacting us.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. A CLUB REMAINS RESPONSIBLE FOR REVIEWING ITS OWN FINANCIAL RECORDS, TAX FILINGS AND REPORTS PRODUCED WITH THE SERVICE.

15. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE SUBSCRIPTION FEES THE CLUB PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

16. Indemnification

You agree to indemnify and hold harmless Epicware Solutions Inc. and its officers, directors, employees and suppliers from any claims, losses, damages, fines and expenses (including reasonable legal fees) arising out of your content, your use of the Service in breach of these Terms or the law, or, for a Club, its dealings with its Members.

17. Governing Law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there. The courts of British Columbia have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, except that either party may seek urgent injunctive relief in any court of competent jurisdiction.

18. Changes to These Terms

We may update these Terms. If a change significantly affects your rights, we will email the Club's contact address at least 30 days before it takes effect. A Club that does not accept the change can suspend its subscription before then. Continuing to use the Service after a change takes effect means you accept it. The date at the top shows when these Terms were last updated.

19. General

If any part of these Terms is found unenforceable, the rest remains in effect. Our not enforcing a right is not a waiver of it. You may not transfer these Terms without our written consent; we may transfer them as part of a reorganization, merger or sale of our business. These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service.

20. Contact

If you have any questions about these Terms, please contact us at info@loveourclub.com.