Terms of Use

Effective Date: May 4, 2026

These Terms of Use (the "Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you" or "User"), and Brannnch Technology Inc. ("Brannnch," "Company," "we," "us," or "our"), a company incorporated in British Columbia, Canada, concerning your access to and use of the Brannnch mobile application (the "App") and all related products and services that refer or link to these Terms (collectively, the "Services").
Brannnch is a mobile application social networking, product review, and community deal platform. The App allows users to connect with other users through social features, share and discover product reviews from local retail stores, and participate in community-based deals offered by verified licensed retailers.
By downloading, installing, accessing, or using the Services, you acknowledge that you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. Changes to these Terms will become effective upon posting or upon notifying you by email, whichever occurs first. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified Terms.
The Services are intended for users who are at least 19 years of age. Persons under the age of 19 are not permitted to use or register for the Services.
We recommend that you print a copy of these Terms for your records.

Table of Contents
1. Definitions and Interpretation
2. Our Services
3. Eligibility and User Registration
4. Software Licence
5. Technical Requirements and Maintenance
6. Intellectual Property Rights
7. User-Generated Contributions
8. Contribution Licence
9. Guidelines for Reviews
10. Community Deals
11. Purchases and Payment
12. Subscriptions
13. Refund Policy and Consumer Rights
14. Products and Marketplace Disclaimers
15. Age-Restricted Products
16. Brannnching Feature
17. Social Features and Third-Party Accounts
18. Prohibited Activities
19. Services Management
20. Privacy and Data Use
21. Data Portability and Deletion
22. Electronic Communications and CASL Compliance
23. Retailer Accounts and Obligations
24. Copyright Infringements
25. Disclaimer of Warranties
26. Limitation of Liability
27. Indemnification
28. Term and Termination
29. Modifications and Interruptions
30. Export and Embargo Compliance
31. App Store Terms and Third-Party Beneficiaries
32. Dispute Resolution
33. Governing Law
34. Miscellaneous
35. Contact Us

1. Definitions and Interpretation
1.1. In these Terms, unless the context otherwise requires, the following definitions apply:
"Age-Restricted Products" means products listed on the Services that are subject to additional age restrictions or regulatory requirements under federal, provincial, or municipal law, including but not limited to cannabis products, alcohol, tobacco, adult products, and other controlled products.
"App" means the Brannnch mobile application, available on Apple iOS and Google Android operating systems, including all updates, upgrades, and new versions thereof.
"App Distributor" means Apple Inc. (via the App Store) or Google LLC (via Google Play), as applicable.
"Boost Account" means the paid subscription tier available to all Users that provides enhanced visibility, unlimited Brannnching, and access to Insights, as further described in Section 12.1(a).
"Brannnching" means the feature within the App that provides a User with recommended matches for interaction following the completion of a product review, as further described in Section 16. Basic Users are limited to one (1) Brannnching session yielding up to eleven (11) recommended Users every twenty-four (24) hours; Premium Users may perform Brannnching sessions without limits.
"Community Deal" means a location-based promotion listed on the App by a Verified Retailer, pursuant to which a discount is unlocked if a preset number of Users submit pre-orders within a preset time period, as further described in Section 10.
"Contributions" means any content and materials that you create, submit, post, display, transmit, perform, publish, distribute, or broadcast through the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, reviews, rating suggestions, personal information, or other material.
"Deposit" means the amount collected by Brannnch from a User in connection with a Community Deal pre-order.
"Elite Account" means the paid subscription tier available specifically to Users who operate a storefront retail business, which includes all benefits of a Boost Account together with product listings, as further described in Section 12.1(b).
"Insights" means the analytics feature available to Premium Users that displays profile interaction data, including information on profile visits, post engagement metrics, and other interaction statistics.
"Licensed Application" means the App, as downloaded from an App Distributor, together with any updates thereto permitted under these Terms.
"Premium Users" means, collectively, holders of a Boost Account or an Elite Account, as further described in Section 12.
"Purchase Window" means the fourteen (14) calendar day period following the successful completion of a Community Deal, during which participating Users must complete their purchase directly with the Verified Retailer.
"Services" means the App and all related products, features, content, and services offered by Brannnch.
"Submissions" means any questions, comments, suggestions, ideas, feedback, or other information about the Services sent directly to us.
"Usage Rules" means the applicable terms of service of each App Distributor, including the Apple Media Services Terms and Conditions and the Google Play Terms of Service.
"User" or "you" means any individual aged 19 or older who accesses or uses the Services, whether personally or on behalf of an entity.
"Verified Retailer" means a licensed retail business that has been approved by Brannnch and granted a retailer profile on the App, subject to the obligations set out in Section 23 and Service Agreement.
1.2. In these Terms:
(a) references to Sections are to sections of these Terms;
(b) headings are for convenience only and shall not affect the interpretation of these Terms;
(c) words importing the singular include the plural and vice versa;
(d) references to "writing" or "written" include email; and
(e) references to any legislation include any modification, re-enactment, or subordinate legislation made under it from time to time.
2. Our Services
2.1. The Services provide a technology platform that serves as a digital storefront for Verified Retailers and brings together social networking, product reviews, and Community Deals, enabling Users to:
(a) create profiles, post pictures, videos, and product reviews from local retail purchases;
(b) browse and participate in Community Deals from local Verified Retailers;
(c) connect with other Users through social features including likes, saves, comments, replies, direct messages, following, and blocking; and
(d) access the Brannnching feature for recommended matches following review completion.
2.2. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Persons who choose to access the Services from locations outside of Canada do so on their own initiative and are solely responsible for compliance with applicable local laws.
3. Eligibility and User Registration
3.1. By using the Services, you represent and warrant that:
(a) you are at least 19 years of age;
(b) all registration information you submit is true, accurate, current, and complete;
(c) you will maintain the accuracy of such information and promptly update your registration information as necessary;
(d) you have the legal capacity to enter into and agree to comply with these Terms;
(e) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
(f) you will not use the Services for any illegal or unauthorized purpose;
(g) your use of the Services will not violate any applicable law or regulation; and
(h) you acknowledge that certain products available through the Services may be Age-Restricted Products and that you are responsible for complying with all applicable age requirements and regulatory restrictions when purchasing such products.
3.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.
3.3. You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
3.4. You are responsible for all activity that occurs under your account. You must notify us immediately at hello@brannnch.com if you become aware of any unauthorized use of your account or any other breach of security.
4. Software Licence
4.1. Subject to your compliance with these Terms and the applicable Usage Rules, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and use the Licensed Application on devices that you own or control, solely for your personal, non-commercial use.
4.2. This licence also governs any updates of the Licensed Application provided by us that replace, repair, or supplement the original Licensed Application, unless a separate licence is provided for such update, in which case the terms of that new licence will govern.
4.3. You shall not:
(a) share or make the Licensed Application available to third parties (unless permitted by the Usage Rules and with our prior written consent), sell, rent, lend, lease, or otherwise redistribute the Licensed Application;
(b) reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof, except with our prior written consent or as permitted by applicable law;
(c) copy or alter the Licensed Application or portions thereof, except that you may create and store backup copies on devices that you own or control under the terms of this licence and the Usage Rules;
(d) remove any intellectual property notices from the Licensed Application;
(e) use the Licensed Application for creating a product, service, or software that is, directly or indirectly, competitive with or a substitute for the App;
(f) make the Licensed Application available over a network or other environment permitting access or use by multiple devices or users at the same time; or
(g) use any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
4.4. You must ensure that no unauthorized third parties gain access to your copies of the Licensed Application at any time. If you sell your device to a third party, you must remove the Licensed Application from the device before doing so.
4.5. Violations of the obligations in this Section 4, as well as the attempt of such infringement, may be subject to prosecution and damages.
4.6. We reserve the right to modify the terms and conditions of this licence at any time in accordance with the change notification procedures set out in these Terms.
5. Technical Requirements and Maintenance
5.1. The Licensed Application is designed for use on devices that operate with Apple iOS or Google Android operating systems. We do not warrant that the App will be compatible with all devices or operating system versions.
5.2. We reserve the right to modify the technical specifications of the App as we see appropriate at any time.
5.3. We are solely responsible for providing maintenance and support services for the Licensed Application. You can reach us at the email address listed in the App Store or Google Play overview for the App, or at hello@brannnch.com.
5.4. You acknowledge that the App Distributors have no obligation to furnish any maintenance or support services with respect to the Licensed Application.
6. Intellectual Property Rights
6.1. We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws and treaties around the world.
6.2. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable licence to:
(a) access the Services; and
(b) download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use or internal business purpose.
6.3. Except as set out in this Section 6 or elsewhere in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
6.4. If you wish to make any use of the Services, Content, or Marks other than as set out in this Section 6 or elsewhere in these Terms, please address your request to hello@brannnch.com. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these intellectual property rights will constitute a material breach of these Terms and your right to use our Services will terminate immediately.
7. User-Generated Contributions
7.1. The Services may invite you to chat, contribute to, or participate in online posts, messages, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast Contributions to us or through the Services.
7.2. Contributions may be viewable by other Users and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
7.3. When you create or make available any Contributions, you represent and warrant that:
(a) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including the copyright, patent, trademark, trade secret, or moral rights of any third party;
(b) you are the creator and owner of, or have the necessary licences, rights, consents, releases, and permissions to use and to authorize us, the Services, and other Users to use your Contributions in any manner contemplated by the Services and these Terms;
(c) you have the written consent, release, or permission of each identifiable individual person in your Contributions to use the name or likeness of each such person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms;
(d) your Contributions are not false, inaccurate, or misleading;
(e) your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
(f) your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable as determined by us;
(g) your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
(h) your Contributions are not used to harass or threaten any other person or to promote violence against a specific person or class of people;
(i) your Contributions do not violate any applicable law, regulation, or rule;
(i) your Contributions do not violate the privacy or publicity rights of any third party;
(j) your Contributions do not violate any applicable law concerning child exploitation, or are otherwise intended to protect the health or well-being of minors;
(k) your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap; and
(l) your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation.
7.4. Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.
8. Contribution Licence
8.1. By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
8.2. This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
8.3. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions, to the maximum extent permitted by the laws of British Columbia and the federal laws of Canada applicable therein.
8.4. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
8.5. We have the right, in our sole and absolute discretion, to: (a) edit, redact, or otherwise change any Contributions; (b) re-categorize any Contributions to place them in more appropriate locations on the Services; and (c) pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8.6. By sending us Submissions, you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own the Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
9. Guidelines for Reviews
9.1. We may provide you areas on the Services to post reviews or ratings. When posting a review, you must comply with the following criteria:
(a) you must have firsthand experience with the product or retailer being reviewed;
(b) your review must relate to a product you have personally purchased from a local retail store;
(c) your reviews shall not contain offensive profanity, abusive, racist, offensive, or hateful language;
(d) your reviews shall not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(e) your reviews shall not contain references to illegal activity;
(f) you shall not be affiliated with a competitor when posting negative reviews;
(g) you shall not make any conclusions as to the legality of conduct in your reviews;
(h) you shall not post any false or misleading statements;
(i) you shall not organize a campaign encouraging others to post reviews, whether positive or negative;
(i) you shall not post a review for a product you received free of charge, at a discount, or as a promotional item, unless you clearly disclose that fact in the review; and
(j) you shall not post reviews that are generated by artificial intelligence or automated tools without clearly disclosing that fact.
9.2. We may accept, reject, or remove reviews in our sole discretion. We have no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners.
9.3. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and distribute all content relating to your review.
10. Community Deals
10.1. Overview. Community Deals are location-based promotions listed on the App by Verified Retailers. A Community Deal allows Users to pre-order a product at a discount. The discount is unlocked only if a preset minimum number of Users submit pre-orders within a preset time period (the "Deal Threshold").
10.2. How Community Deals Work.
(a) A Verified Retailer lists a Community Deal on the App, specifying the product, the discounted price, the Deal Threshold (minimum number of pre-orders), and the time window within which the Deal Threshold must be met (the "Deal Window").
(b) Users may participate in a Community Deal by submitting a pre-order and paying a Deposit through the App. All pre-orders are subject to the acknowledgments and confirmations set out in Section 10.3A.
(c) If the Deal Threshold is met within the Deal Window, the Community Deal is successful. Participating Users will be notified and will have the Purchase Window (fourteen (14) calendar days from notification of success) to complete the purchase directly with the Verified Retailer.
(d) If the Deal Threshold is not met within the Deal Window, the Community Deal fails and all Deposits will be released in full to participating Users.
10.3. Deposits.
(a) When you participate in a Community Deal, you pay a Deposit through the App using one of the accepted payment methods.
(b) Brannnch collects and holds Deposits solely as a payment facilitator. Brannnch is not an escrow agent, trustee, or fiduciary in respect of any Deposit.
(c) On a successful Community Deal, Brannnch remits the collected Deposits to the Verified Retailer, minus a flat administrative fee as agreed between Brannnch and the Verified Retailer under a separate Service Agreement (the "Service Fee"). The Service Fee amount is not determined by these Terms and is governed exclusively by the applicable Service Agreement between Brannnch and the Verified Retailer.
(d) On a failed Community Deal, Brannnch shall release the full Deposit amount to each participating User within three (3) business days of the Deal Window closing. Funds will be issued to the original payment method used by the User.
10.4. 10.3A Pre-Order Acknowledgments.
(a) By clicking "Pre-Order" or otherwise submitting a pre-order for a Community Deal, you expressly acknowledge and agree that:
(b) you are above the legal age in your jurisdiction of residence to make the purchase and, where the product is age-restricted, you meet any additional age requirements imposed by applicable law;
(c) you are legally eligible to make the purchase and are not restricted from doing so by any court order, sanction, probation condition, or other legal restriction;
(d) you are fully aware of the nature of the product you are pre-ordering, including its description, specifications, and any applicable restrictions or warnings;
(e) upon a successful Community Deal, the Deposit is generally non-refundable by Brannnch. You may, however, seek a separate arrangement with the Verified Retailer directly, provided both parties mutually agree. Brannnch is not a party to and is not responsible for any such arrangement between you and the Verified Retailer;
(f) the purchase arising from the Community Deal is a transaction between you and the Verified Retailer, and Brannnch acts solely as a digital storefront platform facilitator in accordance with Section 10.5;
(g) while Brannnch requires Verified Retailers to maintain sufficient stock under their Service Agreement, Brannnch cannot guarantee product availability, condition, or exact specifications at the time of purchase completion;
(h) the deal price and terms are as displayed on the Community Deal listing at the time of your pre-order, and additional charges (including applicable taxes) may apply at the point of purchase;
(i) if the Community Deal involves an Age-Restricted Product (as defined in Section 15), you meet all legal age and regulatory requirements for that specific product category, and you may be required to present valid government-issued photo identification at the point of purchase; and
(j) you have read and understood the Purchase Window provisions set out in Section 10.4 and acknowledge that failure to complete the purchase within the fourteen (14) calendar day Purchase Window may result in forfeiture of your Deposit.
10.5. Purchase Window.
(a) Following a successful Community Deal, you have fourteen (14) calendar days from the date of notification to complete the purchase directly with the Verified Retailer at the deal price.
(b) It is your sole responsibility to complete the purchase within the Purchase Window. If you fail to complete the purchase within the Purchase Window, the Verified Retailer reserves the right to sell the product to any other customer at a price at the Verified Retailer's sole discretion. In such circumstances, your Deposit is not refundable, as the Community Deal was successfully completed and the failure to purchase was your decision.
(c) Brannnch is not a party to the purchase transaction between you and the Verified Retailer. The completion of the purchase, product delivery, and any after-sale service are solely between you and the Verified Retailer.
10.6. Marketplace Role.
(a) Brannnch operates solely as a technology platform providing digital storefront services to Verified Retailers. Brannnch does not sell, resell, supply, distribute, or take ownership of any products at any point. All products listed on the Services are owned, supplied, and sold exclusively by the applicable Verified Retailer through the Verified Retailer's digital storefront on the platform.
(b) Brannnch requires each Verified Retailer, as a condition of its Service Agreement and Elite Account, to maintain sufficient stock to fulfil Community Deal pre-orders and to honour the deal price for participating Users during the Purchase Window. Brannnch takes reasonable steps to facilitate successful Community Deals through these retailer requirements and through its verification and monitoring processes.
(c) Notwithstanding the measures described in Section 10.5(b), the purchase transaction arising from a Community Deal is ultimately between the User and the Verified Retailer. Brannnch is not a party to the sale and is not liable for the Verified Retailer's performance, product quality, pricing, stock availability, or compliance with any particular standard of service.
(d) Any claims, disputes, or complaints relating to the product purchased through a Community Deal, including claims relating to product quality, fitness for purpose, product liability, or failure to deliver, must be directed to the Verified Retailer and not to Brannnch.
(e) To the maximum extent permitted by applicable law, Brannnch disclaims all liability for any loss, damage, injury, or claim arising from or relating to products purchased through Community Deals or the acts or omissions of Verified Retailers.
11. Purchases and Payment
11.1. We accept the following forms of payment:
(a) Visa;
(b) Mastercard;
(c) Apple Pay; and
(d) Google Pay.
11.2. All payments shall be made in Canadian dollars (CAD).
11.3. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
11.4. Applicable taxes will be added to the price of purchases as required by law. We may change prices at any time. You agree to pay all charges at the prices then in effect for your purchases and any applicable fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
11.5. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services.
11.6. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
12. Subscriptions
12.1. Paid Tiers. We offer the following paid subscription tiers that provide access to additional features and functionality within the Services. Boost Account and Elite Account holders are collectively referred to as "Premium Users". Details of available subscription plans, pricing, features, and billing information are displayed within the Application.
(a) Boost Account. A Boost Account is available to all Users and includes the following benefits:
(i) enhanced visibility, whereby the User appears more frequently in Brannnching recommendations and in the Explore feed on the home page;
(ii) unlimited Brannnching, allowing the User to perform Brannnching sessions without limits (Basic Users are limited to one (1) Brannnching session yielding up to eleven (11) recommended Users every twenty-four (24) hours); and
(iii) access to Insights, the analytics feature that displays profile interaction data including profile visits and post engagement metrics.
(b) Elite Account. An Elite Account is available specifically to Users who operate a storefront retail business, subject to retailer verification, whereby the User must upload the applicable retail licence to Brannnch for verification (until verified, the User is treated as a Boost Account holder), and includes the following benefits:
(i) all benefits of a Boost Account;
(ii) A curation board on the account profile that allows product listings, which includes community deal features.
12.2. Billing and Renewal. Your paid subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel. The billing cycle for paid subscriptions is monthly.
12.3. Cancellation. You can cancel your paid subscription at any time by logging into your account settings. Your cancellation will take effect at the end of the current paid billing period. You will retain access to your Boost Account or Elite Account features until the end of the billing period for which you have already paid.
12.4. Fee Changes. We may, from time to time, change the subscription fees for Boost Accounts or Elite Accounts. We will communicate any price changes to you with at least thirty (30) days' prior notice in accordance with applicable law. If you do not agree to the new pricing, you may cancel your subscription before the new pricing takes effect.
13. Refund Policy and Consumer Rights
13.1. General Policy. Unless otherwise required by applicable law, all purchases of Services made directly through the App (including Boost Account and Elite Account subscriptions and Deposits on successful Community Deals) are final.
13.2. Community Deal Refunds. If a Community Deal fails because the Deal Threshold is not met within the Deal Window, all Deposits will be released in full in accordance with Section 10.3(d).
13.3. Third-Party Products. Products purchased from Verified Retailers through Community Deals are subject to each Verified Retailer's own return and refund policies. Any disputes regarding the quality, condition, delivery, or return of such products must be handled directly with the Verified Retailer. Brannnch is not responsible for third-party products and has no obligation to process returns or refunds on behalf of Verified Retailers.
13.4. Consumer Protection Rights. Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies available to you under applicable consumer protection legislation, including but not limited to the British Columbia Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2 (the "BPCPA"), or equivalent legislation in your province or territory of residence, to the extent that such rights or remedies cannot be excluded, restricted, or modified by agreement. To the extent of any inconsistency between these Terms and applicable consumer protection legislation, the applicable consumer protection legislation prevails.
13.5. App Store Purchases. If you purchased the App or a Boost Account or Elite Account subscription through an App Distributor, the App Distributor's refund policies may also apply. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor may, in accordance with its terms and policies, refund the purchase price, if any, paid for the App.
14. Products and Marketplace Disclaimers
14.1. Brannnch is a technology platform that provides digital storefront services to Verified Retailers. Brannnch does not sell, resell, supply, distribute, manufacture, store, ship, or take ownership of any products at any point. Elite users may display products on the Services, including product images, descriptions, features, specifications, and pricing. We make every effort to ensure that the platform accurately presents such information. However, we do not guarantee that the colours, features, specifications, and details of the products displayed on the Services will be accurate, complete, reliable, current, or free of errors. Your electronic display may not accurately reflect the actual colours and details of the products.
14.2. Brannnch requires each Verified Retailer, as a condition of its Service Agreement of Elite Account, to maintain sufficient stock to fulfil Community Deal pre-orders and to honour the deal price for participating Users during the Purchase Window. However, Brannnch is not a party to the sale and is not liable for the Retailer's performance, product quality, pricing, stock availability, or compliance with any particular standard of service.
14.3. We reserve the right to remove any product listing at any time for any reason. Prices for all products displayed on the Services are set by the applicable Verified Retailer and are subject to change.
14.4. Brannnch is a technology platform providing digital storefront services, not a retailer. Brannnch does not manufacture, store, ship, warrant, sell, resell, supply, distribute, or take ownership of any of the products listed on the Services. All product-related claims, including product liability claims, warranty claims, claims regarding product labelling or compliance, and any claim that a product fails to conform to any applicable legal or regulatory requirement, are the sole responsibility of the Verified Retailer or manufacturer.
14.5. As with the purchase of a product in any environment, you should use your best judgment and exercise appropriate caution.
15. Age-Restricted Products
15.1. Certain products listed on the Services may be subject to additional age restrictions or regulatory requirements under federal, provincial, or municipal law. These include, without limitation, cannabis products, alcohol, tobacco, adult products, and other controlled products (collectively, "Age-Restricted Products", as defined in Section 1.1).
15.2. Retailer Regulatory Compliance. Elite Accounts listing Age-Restricted Products on the Services are solely responsible for:
(a) holding all required product-specific licences and permits, including, where applicable, a cannabis retail licence issued by the applicable regulatory authority in the Retailer's province or territory;
(b) complying with all applicable federal, provincial, and municipal laws governing the sale, display, advertising, and distribution of Age-Restricted Products;
(c) perform other applicable verification steps when the purchaser completes the purchase; and
(d) following all packaging, labelling, and advertising restrictions applicable to the relevant product category.
15.3. User Acknowledgment. By browsing or participating in Community Deals for Age-Restricted Products, you acknowledge that:
(a) you meet all legal age requirements for the specific product category (which, in British Columbia, is 19 years of age for cannabis, alcohol, and tobacco);
(b) you may be required to provide valid government-issued photo identification upon completion of purchase; and
(c) certain Age-Restricted Products may not be available for delivery or may be subject to additional restrictions under applicable law.
15.4. Brannnch's Role and Limitation. Brannnch does not verify compliance with product-specific regulatory requirements beyond the general retail licence verification conducted through the Elite Account verification process described in Section 22.
15.5. Brannnch reserves the right to restrict, remove, or suspend any listing or Community Deal involving Age-Restricted Products that Brannnch reasonably believes does not comply with applicable law.
15.6. Brannnch is not liable for any Verified Retailer's failure to comply with product-specific regulations, age verification requirements upon completion of the purchase, or any regulatory enforcement action taken against a Verified Retailer.
15.7. Users who believe a Verified Retailer is selling Age-Restricted Products without proper licensing may report the listing to Brannnch at hello@brannnch.com.
16. Brannnching Feature
16.1. After completing a product review on the App, you may receive recommended matches (the Brannnching feature). These recommended matches are other Users with whom you may interact based on shared interests or product preferences, as determined by our algorithms. Basic Users are limited to one (1) Brannnching session yielding up to eleven (11) recommended Users every twenty-four (24) hours. Premium Users (Boost Account and Elite Account holders) may perform Brannnching sessions without limits.
16.2. Brannnching recommendations are generated automatically and do not constitute an endorsement, guarantee, or representation by Brannnch regarding any recommended User.
16.3. Brannnch reserves the right to modify, suspend, or discontinue the Brannnching feature at any time without notice.
17. Social Features and Third-Party Accounts
17.1. The Services include social features that allow you to like, save, comment, reply, send direct messages, follow, and block other Users. All social interactions are subject to your privacy settings and the applicable provisions of these Terms, including Section 18 (Prohibited Activities).
17.2. As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each a "Third-Party Account") by providing your Third-Party Account login information through the Services or by allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
17.3. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider.
17.4. By granting us access to any Third-Party Account, you understand that we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account.
17.5. Your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any Social Network Content for any purpose, including accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
17.6. You may disable the connection between your account on the Services and your Third-Party Accounts at any time by contacting us at hello@brannnch.com or through your account settings.
18. Prohibited Activities
18.1. You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a User of the Services, you agree not to:
(a) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
(b) trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as user passwords;
(c) circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services or the Content contained therein;
(d) disparage, tarnish, or otherwise harm, in our opinion, us or the Services;
(e) use any information obtained from the Services in order to harass, abuse, or harm another person;
(f) make improper use of our support services or submit false reports of abuse or misconduct;
(g) use the Services in a manner inconsistent with any applicable laws or regulations;
(h) engage in unauthorized framing of or linking to the Services;
(i) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;
(i) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
(j) delete the copyright or other proprietary rights notice from any Content;
(k) attempt to impersonate another User or person or use the username of another User;
(l) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation clear graphics interchange formats, 1x1 pixels, web bugs, cookies, or other similar devices;
(m) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
(n) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
(o) attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;
(p) copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
(q) except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;
(r) use, launch, develop, or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, except as may be the result of standard search engine or Internet browser usage;
(s) use a buying agent or purchasing agent to make purchases on the Services;
(t) make any unauthorized use of the Services, including collecting usernames or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
(i) use the Services as part of any effort to compete with us or otherwise use the Services or the Content for any revenue-generating endeavour or commercial enterprise;
(u) sell or otherwise transfer your profile;
(i) manipulate Community Deal participation counts, including creating multiple accounts to meet a Deal Threshold or colluding with others to create the appearance of genuine demand;
(v) post fraudulent reviews, including reviews for products you have not purchased or reviews designed to artificially inflate or deflate a product's or retailer's rating; or
(w) use the Services to facilitate any transaction involving products that are illegal, counterfeit, or in violation of any applicable licensing or regulatory requirements; or
(x) (aa) list, advertise, or facilitate the sale of Age-Restricted Products on the Services without holding all licences and permits required under applicable law for the sale of such products.
19. Services Management
19.1. We reserve the right, but not the obligation, to:
(a) monitor the Services for violations of these Terms;
(b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation reporting such User to law enforcement authorities;
(c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(d) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(e) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
20. Privacy and Data Use
20.1. We care about data privacy and security. Please review our Privacy Policy at https://brannnch.com/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms by reference.
20.2. You acknowledge that we will be able to access and adjust your downloaded Licensed Application content and your personal information, and that our use of such material and information is subject to our Privacy Policy.
20.3. You acknowledge that we may periodically collect and use technical data and related information about your device, system, and application software, and peripherals to facilitate software updates, provide product support, and for purposes of providing other services to you related to the Licensed Application. We may use this information to improve our products or to provide services or technologies to you, provided that such information is used in a form that does not personally identify you.
20.4. The Services are hosted in Canada and the United States. If you access the Services from any other region of the world with laws governing personal data collection, use, or disclosure that differ from applicable laws in Canada and the United States, then through your continued use of the Services, you consent to have your data transferred to and processed in Canada and the United States, subject to our Privacy Policy and applicable law.
21. Data Portability and Deletion
21.1. You have the right to request a copy of the personal data we hold about you in a structured, commonly used, and machine-readable format. To exercise this right, contact us at hello@brannnch.com.
21.2. You have the right to request the deletion of your personal data held by us, subject to any legal obligations requiring us to retain certain data. To exercise this right, contact us at hello@brannnch.com.
21.3. Upon receiving a valid deletion request, we will delete or anonymize your personal data within thirty (30) days, except where retention is required by applicable law, regulation, or a legitimate legal obligation (such as pending dispute resolution, compliance with the applicable consumer protection legislation, or tax and accounting requirements).
21.4. Deletion of your personal data may result in the deactivation or deletion of your account and loss of access to certain features of the Services. We will inform you of these consequences before processing your deletion request.
21.5. Notwithstanding the deletion of your personal data, Contributions you have made to the Services may remain visible to other Users to the extent they have been shared, cached, or otherwise distributed, subject to the licence granted in Section 8.
22. Electronic Communications and CASL Compliance
22.1. Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
22.2. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.
22.3. Canada's Anti-Spam Legislation (CASL). In accordance with Canada's Anti-Spam Legislation, S.C. 2010, c. 23 ("CASL"), we will only send you commercial electronic messages (including emails, push notifications, and in-app messages of a commercial nature) if you have provided your express consent or where we have implied consent as recognized under CASL.
22.4. When you create an account on the Services, you will be given the opportunity to provide express consent to receive commercial electronic messages from us. Your consent is not a condition of using the Services.
22.5. Every commercial electronic message we send will:
(a) identify Brannnch Technology Inc. as the sender;
(b) include our contact information (mailing address, email address, and telephone number); and
(c) include a functioning unsubscribe mechanism that allows you to withdraw your consent at no cost to you.
22.6. You may withdraw your consent to receive commercial electronic messages at any time by using the unsubscribe mechanism provided in any message, by adjusting your notification preferences in your account settings, or by contacting us at hello@brannnch.com. We will process your unsubscribe request within ten (10) business days.
22.7. Withdrawal of consent to commercial electronic messages does not affect transactional messages (such as order confirmations, Deposit receipts, Community Deal status notifications, or account security alerts), which we may continue to send as reasonably necessary to operate the Services.
23. Elite Accounts and Obligations
23.1. An elite account holder must apply for and be approved for an Elite account holder on the App. Brannnch reserves the sole discretion to approve, reject, or revoke retailer verification at any time.
23.2. To qualify as an elite account holder, the retailer must:
(a) hold all licences and permits required under applicable law to sell the products listed on the App;
(b) provide accurate and current business information, including legal business name, storefront address, licence, and contact information;
(c) maintain all required licences and permits in good standing throughout the term of their retailer profile; and
(d) comply with all applicable laws, regulations, and industry standards governing the sale and distribution of their products.
23.3. Elite account holders are solely responsible for:
(a) the accuracy of all product listings, descriptions, images, and pricing posted on the App;
(b) honouring Community Deal prices and terms for Users who complete a purchase within the Purchase Window;
(c) the quality, safety, and legal compliance of all products sold through or in connection with the Services;
(d) compliance with applicable consumer protection legislation, product safety standards, and all other applicable laws; and
(e) handling all customer complaints, returns, refunds, and after-sale service relating to products sold by the Verified Retailer.
23.4. Brannnch does not verify, endorse, or guarantee the accuracy of any product listing or the quality, safety, or legality of any product sold by an Elite account holder. Verification of a retailer on the App confirms only that the retailer has completed the Brannnch verification process and does not constitute a warranty or endorsement of the retailer or its products. Elite account holders listing Age-Restricted Products must also comply with the requirements of Section 15.
24. Copyright Infringements
24.1. We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided in Section 34 (a "Copyright Notice").
24.2. A copy of your Copyright Notice will be sent to the person who posted or stored the material addressed in the notice. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Copyright Notice. If you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting a legal professional.
24.3. Brannnch Technology Inc., and not the App Distributors, is responsible for the investigation, defence, settlement, and discharge of any intellectual property infringement claims relating to the Licensed Application.
25. Disclaimer of Warranties
25.1. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
25.2. We make no warranties or representations about the accuracy or completeness of the Services' Content or the content of any websites or mobile applications linked to the Services and we will assume no liability or responsibility for any:
(a) errors, mistakes, or inaccuracies of content and materials;
(b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services;
(c) any unauthorized access to or use of our secure servers or any personal information or financial information stored therein;
(d) any interruption or cessation of transmission to or from the Services;
(e) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; or
(f) any errors or omissions in any content and materials, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.
25.3. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
25.4. Software Warranty. We warrant that the Licensed Application is free of spyware, Trojan horses, viruses, or any other malware at the time of your download. We warrant that the Licensed Application works as described in the user documentation. No warranty is provided for the Licensed Application that is not executable on the device, that has been modified without authorization, handled inappropriately, combined or installed with inappropriate hardware or software, or used with inappropriate accessories, regardless of whether such action was taken by you or by third parties, or if there are any other reasons outside of our sphere of influence that affect the executability of the Licensed Application.
25.5. If we confirm that the Licensed Application is defective, we reserve the right to remedy the situation by means of solving the defect or by providing a substitute delivery.
25.6. Consumer Protection Carve-Out. The disclaimers in this Section 25 are subject to any non-excludable warranties or conditions implied by the BPCPA or other applicable consumer protection legislation. To the extent that any such warranties or conditions are implied and cannot be excluded, our liability for breach of such warranties or conditions is limited, at our option, to the re-supply of the Services or the payment of the cost of having the Services re-supplied.
26. Limitation of Liability
26.1. To the maximum extent permitted by applicable law, in no event will Brannnch, its directors, officers, employees, agents, or affiliates be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.
26.2. Notwithstanding anything to the contrary contained herein, our aggregate liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to the cause of action arising.
26.3. The limitations in this Section 26 shall not apply to:
(a) liability arising from our gross negligence or wilful misconduct;
(b) liability for death or personal injury caused by our negligence;
(c) liability that cannot be excluded or limited under the BPCPA or other applicable consumer protection legislation; or
(d) our obligation to release Deposits on failed Community Deals under Section 10.3(d).
26.4. Brannnch takes no accountability or responsibility for any damages caused due to a breach of duties by the User according to Section 4 of these Terms. To avoid data loss, you are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, you will not have access to the Licensed Application.
26.5. Product Claims. Brannnch Technology Inc. and the User acknowledge that Brannnch Technology Inc., and not the App Distributors, is responsible for addressing any claims of the User or any third party relating to the Licensed Application or the User's possession or use of the Licensed Application, including: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
26.6. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
27. Indemnification
27.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of:
(a) your Contributions;
(b) use of the Services;
(c) breach of these Terms;
(d) any breach of your representations and warranties set forth in these Terms;
(e) your violation of the rights of a third party, including but not limited to intellectual property rights;
(f) any overt harmful act toward any other User with whom you connected via the Services;
(g) your participation in Community Deals, including any disputes with Retailers; or
(h) your violation of any applicable law, regulation, or licensing requirement.
27.2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
27.3. This indemnification obligation is subject to any limitations imposed by the BPCPA or other applicable consumer protection legislation.
28. Term and Termination
28.1. These Terms shall remain in full force and effect while you use the Services.
28.2. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation.
28.3. We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
28.4. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
28.5. The licence granted to you under Section 4 is valid until terminated by us or by you. Your rights under the licence will terminate automatically and without notice from us if you fail to adhere to any term of this licence. Upon licence termination, you shall stop all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
28.6. The following Sections shall survive termination of these Terms: Section 1 (Definitions and Interpretation), Section 6 (Intellectual Property Rights), Section 8 (Contribution Licence), Section 13 (Refund Policy and Consumer Rights), Section 25 (Disclaimer of Warranties), Section 26 (Limitation of Liability), Section 27 (Indemnification), Section 32 (Dispute Resolution), Section 33 (Governing Law), and Section 34 (Miscellaneous).
29. Modifications and Interruptions
29.1. We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services.
29.2. We reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
29.3. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.
29.4. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
30. Export and Embargo Compliance
30.1. You represent and warrant that:
(a) you are not located in a country that is subject to a Canadian, US, or other applicable government embargo, or that has been designated by such governments as a "terrorist supporting" country; and
(b) you are not listed on any Canadian, US, or other applicable government list of prohibited or restricted parties.
31. App Store Terms and Third-Party Beneficiaries
31.1. The following additional terms apply when you use the App obtained from an App Distributor to access the Services:
(a) The licence granted to you for the App is limited to a non-transferable licence to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the Usage Rules set forth in the applicable App Distributor's terms of service.
(b) We are responsible for providing any maintenance and support services with respect to the App as specified in these Terms or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(c) In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App.
(d) You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data service agreement).
(e) You acknowledge and agree that the App Distributors are third-party beneficiaries of these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
31.2. Brannnch Technology Inc. represents and warrants that it will comply with applicable third-party terms of agreement when providing the Licensed Application.
32. Dispute Resolution
32.1. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
32.2. Binding Arbitration. If a Dispute cannot be resolved through informal negotiations, the Dispute shall be referred to and finally resolved by binding arbitration administered in Vancouver, British Columbia. The language of the proceedings shall be English. The arbitration shall be conducted in accordance with the applicable British Columbia arbitration legislation.
32.3. Class Action Waiver. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:
(a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
32.4. Consumer Protection Carve-Out. Notwithstanding Sections 31.2 and 31.3, nothing in this Section 31 shall be interpreted to prevent you from exercising any rights available to you under the BPCPA or other applicable consumer protection legislation, including the right to commence or participate in proceedings before the British Columbia Civil Resolution Tribunal or any other tribunal or court to the extent such right cannot be waived by agreement. If any provision of this Section 31 is found to be unenforceable under the BPCPA or other applicable consumer protection legislation, that provision shall be severed and the remainder of this Section 31 shall remain in full force and effect.
32.5. Exceptions to Arbitration. The following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
(a) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief.
If any exception applies and the arbitration provision is found to be inapplicable, the Dispute shall be decided by a court of competent jurisdiction in British Columbia, and the Parties agree to submit to the personal jurisdiction of that court.
33. Governing Law
33.1. These Terms shall be governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles that would cause the application of the laws of any other jurisdiction.
33.2. Brannnch Technology Inc. and you irrevocably consent that the courts of British Columbia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms, subject to the arbitration provisions in Section 31.
34. Miscellaneous
34.1. Entire Agreement. These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. These Terms supersede any prior end user licence agreement, terms of use, or terms of service previously published by Brannnch Technology Inc. in respect of the App and the Services.
34.2. Severability. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose of the invalid term.
34.3. Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The preceding clause regarding waiver can only be waived in writing.
34.4. Assignment. We may assign any or all of our rights and obligations under these Terms to others at any time. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
34.5. Force Majeure. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control, including acts of God, war, terrorism, pandemic, epidemic, government action, natural disaster, power failure, internet or telecommunications failure, or labour disputes.
34.6. No Agency. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services.
34.7. Interpretation. These Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
34.8. Amendments. Collateral agreements, changes, and amendments to these Terms are only valid if communicated to you in accordance with the change notification procedures set out in these Terms.
34.9. Corrections. There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
34.10. User Data. We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data, except to the extent such waiver is prohibited by applicable law.
35. Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Brannnch Technology Inc.
204-26730 56 Ave
Langley Township, British Columbia V4W 3X5
Canada
Phone: +1 778-652-7911
Email: hello@brannnch.com