Terms of Service

1. Acceptance of Terms

By accessing or using Tossle ("the Service"), operated by Tossle Labs Inc. ("we", "us", or "our"), including the website at tossleapp.com, the Tossle app, our Instagram accounts and any form or message you send us, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

2. Description of Service

Tossle is an influencer marketing service that connects local businesses with creators so their products, venues and events reach women aged 18–40 in their city. The Service includes:

• For brands: planning and running social media campaigns with creators, mainly on Instagram, including paid promotion of campaign content and reporting on results;
• For creators: a creator roster that creators can apply to, through which selected creators may receive paid promotion of their posts, introductions to brands, and a share of brand deals;
• The Tossle app: account-based tools for managing social presence, content and campaigns.

We may modify, suspend, or discontinue the Service (or any part of it) at any time. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service, except as required by law.

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept all risks of unauthorized access to your account
• Notify us immediately of any unauthorized use of your account

3.2 Eligibility

You must be at least 18 years of age, and of the age of majority where you live, to use the Service, create an account, or apply to the creator roster. By agreeing to these Terms, you represent that you meet this requirement. If you use the Service on behalf of a business, you represent that you are authorized to bind that business to these Terms.

3.3 Account Termination

We may suspend or terminate your account at any time for any reason, including violation of these Terms. You may also terminate your account at any time through your account settings or by contacting us.

4. Creator Program

If you apply to or take part in the Tossle creator roster:

• Applying is free. Applying does not guarantee selection; we choose creators at our sole discretion, and the number of places per city and per round is limited.
• You must apply with a social media account that you own and control. We will never ask for your password or log in to your accounts, and you keep full ownership of them.
• Any paid promotion of your content, use of your content or likeness on partner brand pages, and your share of brand deals are set out in a separate written agreement with you. Nothing is owed to either party until that agreement is signed, and that agreement prevails over these Terms where they differ.
• Sponsored content must be clearly disclosed (for example with Instagram's paid partnership label), as required by advertising law and platform rules.
• You may withdraw your application or leave the roster at any time by contacting us.

5. Brand Campaigns

If you inquire about or book a campaign as a business:

• The scope, deliverables, schedule, fees and ad budget of each campaign are set out in a written proposal or agreement, which prevails over these Terms where they differ.
• We work to drive traffic, visibility and sales, but results such as reach, foot traffic, bookings or revenue depend on many factors outside our control and are not guaranteed, unless the campaign agreement expressly says otherwise.
• You are responsible for your products, venue, offers and claims being lawful and accurate, and for having the rights to any brand assets you give us.
• Campaign content is published on third-party platforms (such as Instagram) and is subject to their rules, review and availability.

6. User Conduct

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Violate or infringe other people's intellectual property, privacy, or other rights
• Post or transmit any content that is harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Impersonate any person or entity, apply with an account that is not yours, or misrepresent your affiliation with any person or entity
• Buy fake followers or engagement, or otherwise inflate your audience or campaign results
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
• Use any automated means to access the Service or collect information from the Service
• Engage in any activity that could damage, disable, overburden, or impair the Service

7. Intellectual Property Rights

7.1 Our Content

The Service and its original content, features, and functionality are owned by Tossle Labs Inc. and are protected by copyright, trademark, and other intellectual property laws.

7.2 Your Content

You retain ownership of any content you submit, post, or display on or through the Service. By submitting content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute it to operate and provide the Service. Use of a creator's content in advertising or on partner brand pages requires the separate written agreement described in section 4.

8. Payment and Billing

8.1 Fees

Certain features of the Service require payment of fees. You agree to pay all applicable fees as described on the Service or in your campaign agreement at the time you place your order. Prices are in Canadian dollars and exclude applicable taxes unless stated otherwise.

8.2 Subscriptions

Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis (monthly or annually), depending on the plan you select.

8.3 Refunds

Unless otherwise required by law or stated in your campaign agreement, fees are non-refundable. You may cancel a subscription at any time; it stays active until the end of the current billing period, and no refund is given for the unused portion.

9. Third-Party Services

The Service relies on and links to third-party services that we do not own or control, including Instagram and other Meta services, payment processors, and messaging and CRM providers.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services, and we are not liable for any damage or loss caused by or in connection with their use.

10. Meta/Facebook Integration

If you choose to connect your account with Meta/Facebook services:

• You agree to comply with Meta's Terms of Service and policies
• You authorize us to access certain information from your Meta/Facebook account as described in our Privacy Policy
• You can disconnect the integration at any time through your account settings
• We are not responsible for any changes to Meta/Facebook's terms, policies, or services that may affect your use of our Service

11. Disclaimers and Limitation of Liability

11.1 Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOSSLE LABS INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. Nothing in these Terms limits liability that cannot be limited by law, including under consumer protection legislation.

12. Indemnification

You agree to defend, indemnify, and hold harmless Tossle Labs Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party right, including any intellectual property right or privacy right
• Any content you submit or make available through the Service

13. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal data.

14. Modifications to Terms

We may modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Service before the changes take effect.

By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

15. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict of law rules. Subject to section 16, the courts of Ontario sitting in Toronto have exclusive jurisdiction over any claim arising from these Terms or the Service.

16. Dispute Resolution

Before starting any legal proceeding, please contact us at support@tossleapp.com with a description of the issue so we can try to resolve it. If it is not resolved within 30 days, either party may bring the claim before the courts named in section 15.

Nothing in these Terms removes rights you have as a consumer under the laws of the province or country where you live, including the right to bring a claim before the courts of your place of residence.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary and the remaining provisions will remain in full force.

18. Contact Information

If you have any questions about these Terms, please contact us:

• Company: Tossle Labs Inc.
• Email: support@tossleapp.com
• Website: https://tossleapp.com/contact