Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using the Everjoy mobile application (the "App") or any related services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform.

These Terms constitute a legally binding agreement between you and Everjoy Co., a partnership operating in Manitoba, Canada ("Everjoy," "we," "us," or "our"). These Terms apply to all users of the Platform, including clients and partners (as defined below).

If Everjoy restructures, incorporates, or otherwise changes its legal form, these Terms and all rights and obligations hereunder shall automatically transfer to and remain binding upon the successor entity without requiring any further action by users.

2. Eligibility

You must be at least 18 years of age to use the Platform. By using the Platform, you represent and warrant that:

• You are at least 18 years old;
• You have the legal capacity to enter into a binding contract;
• You are not barred from using the Platform under any applicable law; and
• All information you provide to Everjoy is accurate, current, and complete.

The Platform is intended for use by residents of Canada. Everjoy makes no representation that the Platform is appropriate or available for use in other locations.

3. About Everjoy: Marketplace Facilitator

IMPORTANT: Everjoy is a technology platform and marketplace that connects clients seeking event services with independent service providers ("Partners"). Everjoy is NOT a party to any agreement, transaction, or service arrangement between a client and a partner.

Specifically:

• Everjoy does not provide event services of any kind.
• Partners are independent contractors and are not employees, agents, representatives, or affiliates of Everjoy.
• Everjoy does not control, supervise, direct, or manage Partners or the services they provide.
• Everjoy does not guarantee the quality, safety, legality, timeliness, accuracy, or completeness of any Partner's services, listings, or representations.
• Everjoy does not verify that Partners hold any required licenses, permits, certifications, or insurance, though Partners represent and warrant that they do.
• Any contract for event services is formed solely between the client and the partner. Everjoy is not a party to that contract.

By using the Platform, you acknowledge and agree that Everjoy is acting solely as a marketplace facilitator and technology intermediary, and that any disputes, claims, or issues arising from event services are strictly between the client and the partner.

4. Account Registration and Security

To access certain features of the Platform, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your account information;
• Keep your login credentials confidential and secure;
• Notify Everjoy immediately of any unauthorized access to your account; and
• Accept responsibility for all activity that occurs under your account.

Everjoy reserves the right to suspend or terminate any account that we reasonably believe has provided false information, violated these Terms, or engaged in conduct harmful to the Platform, other users, or Everjoy.

You may not create more than one account per individual or business entity without Everjoy's prior written consent. You may not transfer or sell your account to any other person or entity.

5. Partner Subscriptions and Billing

5.1 Subscription Plans

Partners are required to maintain an active paid subscription to list services and receive booking inquiries on the Platform. Subscription fees, billing cycles, and plan details are as displayed in the App at the time of purchase and are subject to change with notice.

5.2 Billing and Renewal

Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). By subscribing, you authorize Everjoy to charge your payment method on file for each renewal period until you cancel. All fees are in Canadian dollars unless otherwise stated.

5.3 Cancellation and Refunds

Partners may cancel their subscription at any time through the App. Cancellation takes effect at the end of the current billing period. Everjoy does not provide prorated refunds for unused subscription time, except where required by applicable law.

5.4 Failed Payments

If a subscription payment fails, Everjoy may suspend your Partner account and remove your listings from the Platform until payment is received. Everjoy is not liable for any loss of business or revenue resulting from account suspension due to failed payment.

5.5 Price Changes

Everjoy reserves the right to change subscription pricing at any time. We will provide at least 30 days' advance notice of any price change via email or in-App notification. Continued use of the Platform after the price change takes effect constitutes acceptance of the new pricing.

6. Booking and Payment Terms

6.1 Booking Process

The Platform facilitates introductions and communications between clients and partners. When a client submits a booking inquiry, the partner may respond with a booking offer specifying the services, pricing, and terms. A booking is confirmed only when both parties have agreed to the terms and, where applicable, payment has been processed.

6.2 Stripe Payments

Where clients pay through the Platform, payments are processed by Stripe, Inc. ("Stripe"), a third-party payment processor. By making or receiving payments through the Platform, you agree to Stripe's Terms of Service and Privacy Policy, available at stripe.com. Everjoy is not a party to your relationship with Stripe and is not responsible for Stripe's actions, errors, outages, fees, or failures.

Partner payouts are subject to Stripe Connect terms and Stripe's standard processing timelines. Everjoy does not control Stripe's payout schedules and is not liable for delays caused by Stripe, banks, or other financial institutions.

6.3 Third-Party Payment Systems

Some Partners may offer the option to complete payment through their own external payment systems (e.g., Square, PayPal, e-transfer, or other processors). If you choose to pay through a third-party system outside the Platform:

• The transaction occurs entirely outside of Everjoy's Platform and control;
• Everjoy is not a party to, and assumes no responsibility or liability for, that transaction;
• Everjoy cannot assist with disputes, chargebacks, refunds, or any other issues arising from off-platform payments;
• You transact with the third-party payment system at your own risk and subject to that system's own terms and policies.

6.4 Taxes

Partners are solely responsible for determining, collecting, remitting, and reporting all applicable taxes (including GST/HST/PST) on their services. Everjoy does not collect or remit taxes on behalf of partners. Clients are responsible for any applicable taxes on their purchases as required by law.

7. Cancellations and Refunds

7.1 Platform-Facilitated Bookings

Cancellation and refund terms for bookings paid through the Platform are as follows:

• Clients may request a cancellation through the App. Refund eligibility is determined by the partner's cancellation policy as stated in their listing or booking offer.
• Partners may cancel a confirmed booking. In such cases, any amounts paid through the Platform will be refunded to the client.
• Everjoy may, at its sole discretion, mediate refund disputes between clients and partners but is under no obligation to do so.

7.2 Off-Platform Bookings

Everjoy has no involvement in, and no liability for, cancellations, refunds, or disputes arising from bookings paid through third-party payment systems outside the Platform.

7.3 Subscription Fees

Subscription fees paid by partners are non-refundable except as required by applicable law or as expressly stated in these Terms.

8. Partner Obligations

By registering as a partner on the Platform, you represent, warrant, and agree that:

• You have all necessary licenses, permits, certifications, and insurance required to lawfully provide the services listed on the Platform, and will maintain them throughout your use of the Platform;
• All information in your profile and listings is accurate, complete, and not misleading;
• You will honour confirmed bookings to the best of your ability and communicate promptly with clients;
• You will not solicit clients to pay outside the Platform in order to circumvent subscription or platform fees, except where you have expressly offered a third-party payment option within the Platform;
• You will comply with all applicable federal, provincial, and local laws in delivering your services;
• You will not engage in discriminatory practices prohibited by applicable human rights legislation;
• You are solely responsible for the quality, safety, and legality of the services you provide; and
• You will maintain adequate insurance for your business activities and will not hold Everjoy liable for any claims arising from your services.

9. Client Obligations

By using the Platform as a client, you represent, warrant, and agree that:

• All information you provide in booking inquiries and your profile is accurate and complete;
• You will communicate respectfully and in good faith with partners;
• You are solely responsible for evaluating the suitability of a partner for your event needs;
• You will conduct appropriate due diligence, including verifying partner credentials, licenses, and insurance independently;
• You will not engage in any fraudulent activity, including filing false disputes or chargebacks;
• You will honour payment obligations for confirmed bookings; and
• You assume all risk associated with engaging a partner, including any risk to persons or property at your event.

10. Prohibited Conduct

You agree not to use the Platform to:

• Post false, misleading, or fraudulent content, listings, or reviews;
• Harass, threaten, intimidate, or abuse any other user;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Circumvent, disable, or interfere with security-related features of the Platform;
• Scrape, data-mine, or otherwise collect information from the Platform without Everjoy's prior written consent;
• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation;
• Transmit any viruses, malware, or other harmful code;
• Attempt to gain unauthorized access to any part of the Platform, its servers, or any connected systems;
• Solicit other users to transact outside the Platform in ways that violate these Terms; or
• Engage in any conduct that disrupts, damages, or impairs the Platform or its users.

Everjoy reserves the right to suspend or permanently terminate the account of any user found to be in violation of this section, without notice and without refund.

11. Intellectual Property

11.1 Everjoy's IP

The Platform, including its design, software, features, text, graphics, logos, and all other content created by Everjoy, is owned by Everjoy Co. and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Platform solely for its intended purposes. You may not copy, modify, distribute, sell, or create derivative works based on Everjoy's intellectual property without prior written consent.

11.2 User-Submitted Content

By submitting content to the Platform (including listing descriptions, photos, messages, and reviews), you grant Everjoy a non-exclusive, royalty-free, worldwide licence to use, display, reproduce, and distribute that content in connection with operating and promoting the Platform. You represent and warrant that you own or have the necessary rights to grant this licence, and that your content does not infringe any third-party rights.

Everjoy does not claim ownership of your content. You retain all ownership rights subject to the licence granted above.

12. Disclaimers and Limitation of Liability

12.1 No Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EVERJOY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Everjoy does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Everjoy does not warrant the accuracy, reliability, or completeness of any content on the Platform, including partner listings and profiles.

12.2 No Liability for Partner Services

EVERJOY IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTIONS, OMISSIONS, SERVICES, PRODUCTS, OR CONDUCT OF ANY PARTNER. THIS INCLUDES, WITHOUT LIMITATION, ANY PROPERTY DAMAGE, PERSONAL INJURY, DEATH, LOSS, OR ANY OTHER HARM CAUSED BY A PARTNER IN CONNECTION WITH THEIR SERVICES.

12.3 No Liability for Third-Party Payment Processors

EVERJOY IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTIONS, ERRORS, FAILURES, OR OUTAGES OF STRIPE OR ANY OTHER THIRD-PARTY PAYMENT PROCESSOR. ALL PAYMENT PROCESSING DISPUTES MUST BE ADDRESSED DIRECTLY WITH THE APPLICABLE PAYMENT PROCESSOR.

12.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERJOY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL SUBSCRIPTION FEES YOU PAID TO EVERJOY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS ($100 CAD).

IN NO EVENT SHALL EVERJOY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF EVERJOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.5 Indemnification

You agree to indemnify, defend, and hold harmless Everjoy Co. and its owners, officers, partners, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform; (b) your breach of these Terms; (c) your violation of any law or third-party rights; or (d) any services you provide or receive through the Platform.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute process, you agree to first contact Everjoy at info@everjoy.ca and provide a written description of the dispute. The parties agree to negotiate in good faith to resolve the dispute within thirty (30) days of the notice.

13.2 Arbitration

If the dispute is not resolved through informal negotiation, either party may refer the dispute to binding arbitration administered under the Arbitration Act (Manitoba). The arbitration shall be conducted in Winnipeg, Manitoba, in English. The arbitrator's decision shall be final and binding on both parties. Each party shall bear its own costs unless the arbitrator orders otherwise.

Notwithstanding the above, either party may seek injunctive or other equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm.

13.3 Courts

If arbitration is not applicable or enforceable in a given circumstance, the parties consent to the exclusive jurisdiction of the courts of Manitoba, Canada, for the resolution of any dispute.

13.4 No Class Actions

To the extent permitted by applicable law, you waive any right to participate in a class action lawsuit or class-wide arbitration against Everjoy.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Everjoy complies with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. For information about how we collect and use personal data, please review our Privacy Policy.

15. Modifications to These Terms

Everjoy reserves the right to modify these Terms at any time. When we make material changes, we will notify you via email or in-App notification at least fourteen (14) days before the changes take effect. Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes.

If you do not agree to the revised Terms, you must stop using the Platform and cancel any active subscription before the effective date.

16. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Everjoy regarding your use of the Platform and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Everjoy's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign your rights or obligations under these Terms without Everjoy's prior written consent. Everjoy may assign its rights and obligations without restriction.
• Force Majeure: Everjoy is not liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, or third-party service failures.
• Language: The parties have requested that these Terms be drafted in English. Les parties ont demandé que ces Conditions soient rédigées en anglais.

17. Contact Information

If you have questions or concerns about these Terms, please contact us at:

Everjoy Co. Email: info@everjoy.ca Website: everjoy.ca Manitoba, Canada