Terms of Service

Effective date: 2026-05-28 Last updated: 2026-05-28 Status: DRAFT — pending review by legal counsel. Items flagged TBD require confirmation before publication.

These Terms of Service (the "Terms") form a binding agreement between Wize Athletics Inc. ("Wize Athletics", "we", "us", or "our") and you. By creating an account, accessing, or otherwise using the Wize Athletics platform (the "Service"), you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.

If you are using the Service on behalf of an organization — for example, a sports club, school, federation, or team — you represent that you have authority to bind that organization, and "you" in these Terms refers to that organization as well as to you personally.

If you do not agree to these Terms, do not use the Service.

1. Definitions

"Service" means the Wize Athletics platform, including the customer web application, the internal administration tooling, the kiosk application installed on shared check-in devices, the backend APIs, and all related features, documentation, and updates.
"Organization" means a sports club, school, federation, team, or other entity that has signed up for the Service to manage its own athletes, coaches, staff, parents/guardians, and other members.
"Organization Administrator" means an individual designated by an Organization to administer that Organization's use of the Service.
"User" means any natural person who accesses or uses the Service, including Organization Administrators, coaches, athletes, parents/guardians, and other staff or members of an Organization.
"Account" means a User's individual identity and credentials on the Service.
"Athlete Data" means personal information about athletes that is processed in the Service, including identity, anthropometric, wellness, performance, and attendance data.
"Customer Data" means all data submitted to the Service by or on behalf of an Organization, including Athlete Data.
"Order" means any subscription, statement of work, order form, or similar document under which an Organization subscribes to the Service.

2. Eligibility

You may use the Service only if:

you are legally able to enter into a binding contract with Wize Athletics under the laws that apply to you, or you are using the Service under the supervision of a parent, tutor, or other legal representative who has agreed to these Terms on your behalf;
you are not barred from using the Service under the laws of Canada or any other applicable jurisdiction;
if you are an athlete or other member of an Organization, that Organization has authorized you to use the Service.

Sports organizations whose members include minors are responsible for obtaining the consents required by law (including parental or tutor consent for minors under 14 years of age in Quebec) before adding those minors to the Service. See the Privacy Policy, Section 13.

3. Accounts

3.1 Account creation

You may create an Account by following the in-product signup or invitation flow. You agree to provide accurate and complete information and to keep it up to date.

3.2 Account security

You are responsible for safeguarding your credentials (email address, password, single-use tokens, kiosk PIN) and for all activity that occurs under your Account. You agree to notify us immediately at alexandre@wizeathletics.ca of any unauthorized use of your Account or any other suspected breach of security.

3.3 One person per account

Each Account is intended for one identifiable individual. You may not share your credentials, allow another person to use your Account, or assign or transfer your Account to anyone else without our consent.

3.4 Kiosk PINs

On shared check-in devices ("kiosks"), an athlete identifies themselves with a numeric PIN. The PIN is a credential — you are responsible for keeping it confidential and for promptly resetting it if it is disclosed.

4. Organizations and roles

4.1 Organization Administrators

When you sign your Organization up for the Service, you become an Organization Administrator. Organization Administrators can invite, remove, and configure the roles of other Users within their Organization. Organization Administrators are responsible for:

determining who within their Organization may access the Service;
assigning appropriate roles and permissions;
communicating their Organization's own privacy and acceptable-use practices to their members;
obtaining consents required by law from members and, where applicable, their parents or tutors;
responding in the first instance to requests from members to access, correct, or delete personal information about them;
removing Users promptly when they are no longer entitled to access the Organization's data.

4.2 Wize Athletics as service provider

For Customer Data submitted by or on behalf of an Organization, the Organization is the controller of personal information and Wize Athletics is the service provider (processor). We process Customer Data on the Organization's instructions and subject to a written agreement that incorporates these Terms (and, where applicable, a separate data-processing addendum).

5. Acceptable use

You agree not to use the Service to:

violate any applicable law or regulation;
infringe or misappropriate any intellectual-property right, privacy right, publicity right, or other right of any third party;
upload, store, or transmit content that is unlawful, defamatory, harassing, threatening, hateful, sexually explicit, or otherwise objectionable, or that exploits minors;
impersonate any person or entity, or misrepresent your affiliation with a person or entity;
access, tamper with, or use non-public areas of the Service, our infrastructure, or the systems of our sub-processors;
bypass or attempt to bypass any access controls, rate limits, or security measures;
reverse-engineer, decompile, or disassemble any part of the Service, except to the extent that applicable law expressly permits it despite this prohibition;
run automated scrapers, crawlers, or bots against the Service, except for routine web-crawler traffic explicitly permitted by our robots.txt;
introduce malware, ransomware, or other malicious code into the Service;
use the Service to send unsolicited commercial communications;
use the Service to develop a competing product, including by using it for benchmarking or competitive analysis without our prior written consent;
use the Service in a way that could damage, disable, overburden, or impair our infrastructure or that of any sub-processor.

We may suspend or terminate Accounts that we reasonably believe are violating this Section, with or without prior notice depending on the severity.

6. Customer Data

6.1 Ownership

As between you and us, you and the relevant Organization retain all right, title, and interest in and to Customer Data. We do not claim ownership of Customer Data.

6.2 Licence to Wize Athletics

You grant Wize Athletics a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, and otherwise process Customer Data to the extent necessary to provide the Service, to support you, to investigate and respond to security incidents, to comply with the law, and to improve the Service in ways that do not identify you or your Organization.

6.3 Your responsibility for Customer Data

You represent and warrant that you have all rights, consents, and authority necessary to submit Customer Data to the Service, that the submission does not violate any law or any third-party right, and (where applicable) that you have obtained the consents required by privacy law from the individuals whose personal information is included in the Customer Data.

6.4 Sensitive Customer Data

The Service is designed to handle certain categories of sensitive personal information, including health and biometric data about athletes. You agree to use the Service's controls (including its consent records, role-based access, and account-deletion flow) appropriately for that data, and not to enter into the Service categories of sensitive personal information that are not contemplated by the Privacy Policy without first consulting us.

7. Intellectual property

7.1 Service

The Service, including all software, design, text, graphics, logos, and documentation, is owned by Wize Athletics or its licensors and is protected by Canadian and international intellectual-property laws. Subject to your compliance with these Terms, Wize Athletics grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for your internal purposes (or, for an Organization, the Organization's internal purposes) during the term of these Terms.

7.2 Feedback

If you send us feedback, suggestions, or ideas about the Service, you grant Wize Athletics a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use and exploit that feedback without restriction or compensation. You agree that we are free to use any general knowledge, skills, and experience that we develop or improve in the course of providing the Service.

7.3 No reverse engineering or competing use

Except to the extent permitted by applicable law despite a contractual prohibition, you may not (and may not permit any third party to) copy, modify, distribute, sell, lease, sublicense, reverse-engineer, decompile, or otherwise attempt to derive the source code of the Service, or use the Service to develop or train a competing product.

8. Third-party services

The Service relies on third-party service providers (for example, our database host, our cloud-compute provider, and our outbound email provider — see our Sub-processors Register (TBD) and the Privacy Policy). Your use of those underlying providers is governed by our agreements with them; we are responsible to you for their performance to the extent set out in these Terms and any applicable Order.

The Service may also contain hyperlinks to third-party websites or resources. We are not responsible for the content, products, or services of those third parties; you access them at your own risk.

9. Fees and payment

If you have entered into an Order with us that specifies fees for the Service, those fees and the corresponding payment, renewal, refund, and tax terms are governed by that Order. In the absence of an Order, the Service is provided on the terms set out in any commercial offer or pricing page in force when you sign up; we will tell you what those terms are before charging you. If we change our prices, we will give you reasonable notice and (where the law requires it) your consent before applying the change to your existing subscription.

Free trials, evaluation accounts, and free-of-charge use. Where we permit you to use the Service without a paid subscription, the use is "as is" and we may modify or terminate it at any time. The disclaimers and limitations in Sections 11 and 12 apply with particular force to free-of-charge use.

10. Suspension and termination

10.1 By you

You may stop using the Service at any time. You may delete your Account through the in-product account-deletion flow described in the Privacy Policy, Section 12. If you have a paid subscription, ending the subscription is governed by the relevant Order.

10.2 By us

We may suspend or terminate your access to all or part of the Service:

immediately, if we reasonably believe you are in material breach of these Terms (including Section 5) or are creating a risk of harm or legal liability for us, for another User, or for a third party;
on reasonable notice, for any other reason — for example, because we are discontinuing the Service or a feature of the Service in the form you are using it.

10.3 Effect of termination

On termination of an Account or of an Organization's subscription:

your right to access and use the Service ends;
we will, on request and within a reasonable period, make Customer Data available to the Organization for export in a commonly used format, unless the law requires us to delete it sooner;
after a reasonable export window (TBD — confirm with counsel; typically thirty (30) to sixty (60) days), we will delete Customer Data as described in the Privacy Policy.

Sections of these Terms that by their nature should survive termination (including Sections 6, 7, 11, 12, 13, 14, and 17) will survive.

11. Disclaimers

The Service is provided "as is" and "as available" to the maximum extent permitted by law. Wize Athletics expressly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including any warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the Service will be uninterrupted, error-free, secure, or free of harmful components.

The Service is a decision-support tool. It is not a medical device. Coaching alerts, daily habits scores, and other automated outputs are designed to inform a coach's judgment and are not intended to diagnose, treat, prevent, or monitor any medical condition. You should not rely on the Service as a substitute for advice from a qualified medical or sports-medicine professional. If an athlete is experiencing a medical emergency, contact emergency services.

Nothing in this Section limits or excludes any warranty, condition, or remedy that cannot be limited or excluded under applicable law (including the Consumer Protection Act (Quebec), as applicable to natural persons acting for personal, family, or domestic purposes).

12. Limitation of liability

To the maximum extent permitted by law:

in no event will Wize Athletics, its affiliates, its sub-processors, or any of their officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including damages for loss of profits, revenue, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of, or inability to use, the Service, even if Wize Athletics has been advised of the possibility of such damages;
Wize Athletics's total cumulative liability arising out of or in connection with these Terms or the Service, regardless of the cause of action, will not exceed the greater of (a) the fees you (or the relevant Organization) actually paid to Wize Athletics for the Service in the twelve (12) months preceding the event giving rise to liability, and (b) one hundred Canadian dollars (CAD 100).

These limitations apply to all claims, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory. Nothing in this Section limits or excludes liability that cannot be limited or excluded under applicable law (including liability for gross negligence, intentional fault, bodily injury, or any other liability that cannot be excluded under the Civil Code of Québec or the Consumer Protection Act (Quebec)).

13. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Wize Athletics, its affiliates, and their respective officers, directors, employees, and agents from and against any claim, demand, loss, liability, damage, or expense (including reasonable legal fees) arising out of or related to:

your breach of these Terms;
your violation of any applicable law or any right of a third party;
Customer Data that you (or anyone using your Account) submitted to the Service, including any claim that Customer Data infringes a third-party right or was collected, used, or disclosed in violation of privacy law.

We will give you prompt notice of any claim subject to this Section and reasonable assistance, at your expense, with the defence. You may not settle a claim that imposes any obligation on Wize Athletics or admits any fault without our prior written consent.

This indemnity does not apply to a natural person acting for personal, family, or domestic purposes, to the extent that the Consumer Protection Act (Quebec) prohibits the obligation.

14. Confidentiality

Each party may have access to information of the other that is confidential ("Confidential Information"). Each party agrees to use the other's Confidential Information only as necessary to exercise its rights or perform its obligations under these Terms, to protect it using at least the same measures it uses to protect its own confidential information of like importance (and in any event no less than reasonable care), and to disclose it only to its personnel and sub-processors who need to know it and who are bound by confidentiality obligations no less protective. Confidential Information does not include information that is or becomes publicly available without breach, that is lawfully received from a third party without confidentiality obligations, or that is independently developed without use of the other party's Confidential Information.

15. Modifications to these Terms

We may modify these Terms from time to time. When we make material changes, we will give you reasonable notice — for example, by email, in-product notice, or a banner on the Service — before the changes take effect. The "Last updated" date at the top of these Terms will always reflect the date of the most recent change.

If you do not agree to the modified Terms, you must stop using the Service before the changes take effect. Your continued use of the Service after the effective date of the modified Terms constitutes your acceptance of the modified Terms.

16. Governing law and dispute resolution

These Terms and any dispute arising out of or in connection with these Terms or the Service are governed by the laws of the Province of Quebec and the federal laws of Canada applicable in Quebec, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to applicable consumer-protection law, you agree that the courts of the judicial district of Montréal, Province of Quebec, have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service, and you irrevocably submit to the personal jurisdiction of those courts.

Nothing in this Section limits your right under the Consumer Protection Act (Quebec) or any other applicable consumer-protection law to bring an action in the jurisdiction in which you reside or to refer a dispute to a regulator with jurisdiction over your situation.

17. Miscellaneous

17.1 Notices

We may give you notice through the email address associated with your Account, through an in-product notice, or by posting a notice on the Service. You agree that notices given in any of those ways are deemed received. You must give us notice in writing at alexandre@wizeathletics.ca (with a copy to TBD postal address upon counsel's confirmation).

17.2 Assignment

You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, or to an affiliate.

17.3 No waiver

A failure to enforce any provision of these Terms is not a waiver of our right to enforce it later. Any waiver must be in writing to be effective.

17.4 Severability

If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force, and the unenforceable provision will be enforced to the maximum extent permitted by law.

17.5 Entire agreement

These Terms (together with the Privacy Policy, the Privacy Complaints Process, and any Order between you and us) constitute the entire agreement between you and Wize Athletics with respect to the Service and supersede all prior or contemporaneous understandings.

17.6 Language

The parties have requested that these Terms and all documents related to them be drawn up in English. Les parties ont demandé que la présente convention et tous les documents s'y rapportant soient rédigés en anglais. A French translation may be made available; in case of a discrepancy between the English and French versions, the version that the law deems to prevail will prevail.

17.7 No third-party beneficiaries

Except as expressly provided, these Terms do not confer any right or remedy on any person other than the parties to these Terms.

17.8 Force majeure

Neither party will be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, or failures of third-party telecommunications or hosting providers.

18. Contact

For questions about these Terms, contact us:

Wize Athletics Inc. Attention: Alexandre Paré Email: alexandre@wizeathletics.ca

For privacy-related questions or complaints, see the Privacy Policy and the Privacy Complaints Process.