Thank you for using any of the services provided by ESA Technologies Inc.

Technologies ESA Inc. currently provides mobile application services for use with mobile devices (collectively, the “Services” or “Applications”).

By downloading, activating or using the Services, including any other services provided by Technologies ESA Inc. through the domain, website or any other platform associated or affiliated with Technologies ESA Inc., you represent, agree to and are bound by these terms of use (the “Terms”). If you do not agree to these Terms, do not access or use the Services. As long as you do not stop using the Services, you will be deemed to have conclusively agreed to these Terms.

Technologies ESA Inc. reserves the right to revise and update these Terms and Conditions at any time and from time to time. These Terms are modified from time to time by Technologies ESA Inc., constitute a legal and binding agreement between you and Technologies ESA Inc. at the time they are first posted via a link on the Website, and your first use of the Services.

General Terms

“User” or “you”: each person or entity that accesses or uses the Applications or the Services, from any type of device (computer, smartphone, tablet, etc.).

“Technologies ESA Inc.” or “we” shall mean Technologies ESA Inc. and any of our affiliates.

In the event of any conflict between the provisions of these terms and the provisions of any other advertisement or publication of any kind, it is clarified that these terms and any of its provisions will prevail.

1. Services, License and Use

Technologies ESA Inc. reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services or any part thereof, or the User’s access to them, and to modify, suspend or eliminate the Applications or any part thereof.

The Services provide various updates related to sporting events: e.g., scoreboards, live scores, betting odds, statistics, pop-up updates, and any other content that Technologies ESA Inc. decides to offer to the User. In addition, the Services may contain links to sports articles or other areas of interest, a designated search engine, and advertising and marketing information. By installing any of the Applications, Technologies ESA Inc. grants you a limited, personal, non-exclusive license to install and use these Applications, solely for your personal, non-commercial purposes, designed to enhance your mobile user experience or web browsing experience by providing you with relevant content related to sports or other fields.

2. No Commercial use of the Services 

The Services are not intended for commercial use by users or for any use other than personal use. Technologies ESA Inc., its affiliates and partners, and only they, may place advertisements and commercial information through the Applications.

3. Registration to the Services

The Services are offered to you at this time free of charge. We will not charge any fees for the use of the Services unless we explicitly notify you in advance and obtain your approval. Some of the Services may require registration, in which case you may be asked to provide personal information to register for an account. Please note that you may not be able to register for the Services if you do not provide certain details that are required for registration. If you choose to register or submit information, you agree to the use of such data in accordance with our Privacy Policy.

4. Use of services by minors

ESA Technologies Inc. understands the importance of protecting children’s privacy in the interactive online world. The Services are not designed for or intentionally directed at children 13 years of age or younger, and it is not our policy to intentionally collect, request, or maintain information about anyone under the age of 13.

If you are under 13, please ask your parent or legal guardian for permission before using any of the Services. By using the Services, you warrant that your parent or legal guardian has read these Terms and has given you permission to use the Services. Please note that users may be exposed to content that is unsuitable for children.

5. IP property by ESA Technologies Inc.

Certain content and information provided through the Services, including but not limited to the logo, trademark, graphics, design, information, text, images, club data and other materials displayed, made available or present through the Applications (the “Content”). This work is copyrighted and/or trademarked by Technologies ESA Inc. or Technologies ESA Inc. affiliates, and may not be used without our express written permission.

You should assume that everything you see or read through the Services is copyrighted unless otherwise noted, and may not be used without the prior written permission of Technologies ESA Inc., except as otherwise provided herein.

Technologies ESA Inc. reserves all rights, including intellectual property rights in the Content. The Content, or any portion thereof, is the exclusive property of Technologies ESA Inc. and is protected by applicable intellectual property laws. You hereby acknowledge that you have no right, title or interest in or to the Content.

Except as expressly permitted in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content on the Services.

6. Limitation of Liability

The Services are provided to you free of charge and at your own risk.

Technologies ESA Inc.’s entire liability and your sole remedy with respect to any dispute with Technologies ESA Inc. (including, without limitation, use of the Services) is to discontinue your use and uninstall all Applications. Technologies ESA Inc. and its affiliates, or their respective directors, officers, employees or agents shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages arising from your use of the Services or any other claim related in any way to your use of or registration for the Services. These exclusions for direct, indirect, special, incidental, consequential or exemplary damages include, but are not limited to, damages for loss of profits, loss of data, work stoppages, computer failure or malfunction, or any other commercial damages or losses, even if Technologies ESA Inc. had been advised of the possibility thereof and regardless of the legal or equitable theory on which the claim is based. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, Technologies ESA Inc.’s liability shall be limited to the extent permitted by law. Technologies ESA Inc. does not endorse or guarantee any products or services offered through the Services and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You acknowledge and agree that without the foregoing exclusions and limitations of liability, Technologies ESA Inc. would not be able to offer the Services.

By using our services, users release Apple Inc. and Google LLC from any liability, damage or claim arising from their use.

7. Disclaimers of warranty

You acknowledge and agree that the Services and any content thereon, provided on an “as is,” “as available,” and “with all faults” basis, are used solely at your own risk. ESA Technologies Inc. disclaims all warranties, express or implied, of any kind, with respect to the Services (including its content, products, information, software, and links), and includes any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above implied warranties that apply to you, the above exclusions will apply to you to the fullest extent permitted by applicable law.

Any information regarding sports scores, live scores, gambling odds, sports updates, statistics or any other information posted through the Services, is provided and posted by different third parties, and not on behalf of Technologies ESA Inc. or any of its affiliates or representatives. Please note that such information does not constitute advice, a recommendation or an authoritative opinion, and does not replace the need to consult a professional to the extent necessary. For the avoidance of doubt, Technologies ESA Inc. shall not be liable for any errors, flaws or inaccuracies in the information posted through the Services.

Please note that the Services may provide links to other websites, applications or plug-ins maintained by third parties, which are not governed by these Terms, and Technologies ESA Inc. shall not be responsible for the compatibility or nature of such links or their contents.

8. Claims for infringement of intellectual property by third parties

If you believe that there is content linked through the Services that infringes copyright law, please notify us and we may remove or disable access to the allegedly infringing material upon receipt of all of the following information from you: a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located;

your address, telephone number, and email address; a statement under penalty of perjury that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and that the information you are submitting is accurate;

an electronic or physical signature of the owner of the person authorized to act on behalf of the owner of the copyright.

You may submit your Notice of Copyright Infringement (“Notice”) to ESA Technologies Inc., by email to: [email protected]

Please note that any person who submits a notification or who makes false statements regarding copyright infringement may be liable for damages to Technologies ESA Inc. arising from such notification.

Technologies ESA Inc. is not responsible for any claim regarding the intellectual property rights of articles, images or videos published by third parties on its applications.

9. User Content

The Applications provided by Technologies ESA Inc. contain interactive features that allow users to post, submit, display or transmit to other users or other persons content or materials (collectively, “User Content”) on or through its Applications. However, we do not undertake to review user content or any other material before it is posted on or through the Applications, and we cannot ensure prompt removal of objectionable material after it has been posted. We therefore assume no liability for any action or inaction with respect to transmissions, communications or content provided by any user or third party.

By providing any User Content on or through the Applications, you grant ESA Technologies Inc., our service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and disclose to third parties any such material in order to provide the functionality of the Applications that you request or otherwise use. You represent and warrant that you own or control all of the rights in and to the User Content and have the right to grant this license and that all of your User Content complies with these Terms. We are not responsible, or liable to any third party, for the Content or accuracy of any User Contributions you or any other user of the Applications post.

10. Permitted and Disallowed Use

You agree that you are not permitted to, and will not, use the Applications in the following manner:

in any way that violates any federal, state, local or international law or regulation;

for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

impersonate or attempt to impersonate any company or person, including Technologies ESA Inc. or another user of the Services; or engage in any other conduct that, as determined by us, may harm Technologies ESA Inc. or users of the Services or expose them to liability;

in any way that could disable, overburden, damage, or impair Technologies ESA Inc. or interfere with any other party’s use of the Services;

Use any robot, spider, automatic device, process, or means to access the Applications for any purpose, including monitoring or copying any of the material on Technologies ESA Inc.;

Introducing any type of virus, Trojan horse, worm, logic bomb or other material which is malicious or technologically harmful;

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Technologies ESA Inc. or any server, computer or database connected to Technologies ESA Inc.;

Attack Technologies ESA Inc. via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper functioning of Technologies ESA Inc.

You also agree that you will not knowingly send, receive, upload, download, use or re-use any material that:

contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or objectionable;

promotes explicit or pornographic sexual material, violence or discrimination on any basis, including that based on race, sex, religion, nationality, disability, sexual orientation or age;

infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;

violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations;

promote any illegal activity, or advocate, promote or assist any illegal act;

involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;

and/or the impression that the material originates from or is endorsed by Technologies ESA Inc. or any other person or entity, if this is not the case.

11. Contests, Sweepstakes and Promotions – No Affiliation with Apple Inc. and Google LLC

The Services may offer promotions, sweepstakes, or contests for users within the games or entertainment section. The contests and sweepstakes on the Services are not in any way affiliated or sponsored by Apple Inc. Therefore, Apple Inc. is not and will not be a sponsor of any contest or sweepstakes presented on our Services.

Neither Apple Inc. nor Google LLC are, nor will be, responsible for the operation, content or any other aspect related to the games, contests or sweepstakes for users. Any mention of the trademarks of Apple and Google in relation to the Services provided by ESA Technologies Inc. is made solely for descriptive purposes and does not imply any type of association, endorsement or sponsorship by Apple Inc. or Google LLC. Apple Inc. Google LLC and Apple Inc. are in no way involved in our application games, contests or sweepstakes.

Users understand and agree that any problem, claim or issue related to the use or operation of the described functionalities must be handled exclusively by ESA Technologies Inc. Furthermore, users acknowledge and agree that Apple Inc. and Google LLC have no obligation to provide maintenance or support services in relation to the contests and sweepstakes of our applications.

12. Online Betting Websites

You are subject to the laws of the country, state, city or other legal entity (collectively “Jurisdiction”) in which you reside and/or from which you access the Services. Access to certain websites that may offer online gambling may not be legal for some or all residents of or persons present in certain Jurisdictions. Without departing from Section 7 above, it is your responsibility to determine the law that applies in the applicable Jurisdiction, and Technologies ESA Inc. makes no representation or warranty, express or implied, as to the legality of your participation in online gambling, or that the materials displayed on the Applications are appropriate for use in your Jurisdiction. Technologies ESA Inc. does not intend for persons present in Jurisdictions to access online gambling websites on which games, betting, gambling or sweepstakes may be prohibited or restricted. You agree that the Services do not constitute an offer, solicitation or invitation by Technologies ESA Inc. for the use of any services in any Jurisdiction in which such activities are prohibited or restricted.

13. Privacy Policy
    

If you choose to use the Services, you agree to the use of any information we may collect in accordance with these Terms and the Privacy Policy.

We log the visitor’s domain and IP address automatically; this information does not identify you as an individual, but only the device being used to log into the Services. We also use cookies (small text files stored in a user’s browser) or web beacons (electronic images that allow the Application to count visitors who have accessed a particular page and to access certain cookies) to collect non-personally identifiable information.

We only collect personally identifiable information that you specifically and voluntarily provide to us, such as information you provide at the time of account registration. “Personal information” means identifying information, including but not limited to name, telephone number, home address, email address, and any other information that is of an identifying nature.

Non-personal information is primarily used for clickstream analysis in order to constantly improve and maintain our Services, including, but not limited to, to ensure the technical functioning of our network, to help prevent fraudulent use of our services, and to develop new services.

Personal information is used for purposes such as storing user preferences, contacting you in response to requests or inquiries, or to optimize the content we display and personalize your experience. In addition, the webmaster may, when necessary, use your information for various tasks related to the Services. We may share aggregated, non-personal information about your use of the Services with our affiliates, partners, and advertisers. From time to time, we may disclose non-personally identifiable information.

Technologies ESA Inc. may share user information with partners and service providers to facilitate delivery of the Services and, as necessary, to enable you to enjoy the Services.

We reserve the right to use or disclose personal information to law enforcement, regulatory, other government agencies, or third parties, if we reasonably believe that use or disclosure is necessary to protect the rights of ESA Technologies Inc. and/or to comply with a judicial proceeding, court order, or legal process.

14. Changes and Retention

Technologies ESA Inc. reserves the right to delete User content from its databases at any time and from time to time without notice, and it is the User’s responsibility to back up any such content or data. We may also disable your account (if applicable) and access to use the Services. Technologies ESA Inc. may recover from the User any loss, damage, cost or expense incurred by Technologies ESA Inc. as a result of the User’s breach of any provision of these Terms.

Technologies ESA Inc. may, at any time, modify, suspend or discontinue, temporarily or permanently, the Services or any part thereof, impose restrictions at its sole discretion, for a specific User or for all users, without the need to give notice, including, but not limited to blocking, cutting off, restricting and suspending the Services for any reason. When you use the Services, you hereby acknowledge and agree that Technologies ESA Inc. shall not be liable to you or any third party, for any modification, suspension or discontinuance of the Services or any modification, suspension or removal of the Applications, and you waive any claim with respect to reliance on the Services.

15. Assignment

Technologies ESA Inc. may assign and/or transfer the Terms and/or any of its rights and/or obligations under these Terms, or all or part thereof, including, without limitation, the granting of licenses or sub-licenses to third parties.

16. Applicable law

The Services, these Terms, and any disputes arising in connection therewith shall be governed by and construed exclusively in accordance with the laws of Canada, and you agree that all disputes shall be brought exclusively in the appropriate courts located in Canada.