Terms of Service

Festivance is an event-day logistics platform developed and operated by BrainX Inc. ("we", "us", or "our"). It provides tools for event organizers and guests to manage food service, menu ordering, usher coordination, live streaming, and in-event cash gifting.

These Terms of Service ("Terms") govern your access to and use of the Festivance platform, including all features, pages, and services available through it.

By using Festivance, you acknowledge and agree that you are solely responsible for your own conduct and activity on the platform, including but not limited to:

• The accuracy of the name or access code you use to join an event.
• All food, drink, and service orders you place through the platform.
• Any content (photos, videos, messages) you upload or submit.
• Any cash gift or payment you initiate through the platform's gifting feature.
• Any instructions or requests you submit to event staff via the platform.

You agree to use Festivance only for lawful purposes and in accordance with these Terms. You must not misuse the platform, impersonate another guest, submit false requests, or attempt to disrupt event operations.

The in-app gifting feature allows guests to send monetary gifts to the event celebrant processed via our payment partner, Stripe.

By initiating a gift transaction, you represent and warrant that:

• The funds you are sending are entirely your own and are derived from lawful sources.
• The gift is not the proceeds of fraud, money laundering, theft, unauthorized use of another person's payment method, or any other illegal or criminal activity.
• You are the authorized holder of the payment method being used.
• The transaction complies with all applicable laws and regulations in your jurisdiction.

Fees. Every cash gift transaction is subject to a 2% payment processing fee and a 3% platform fee, totalling 5% of the gift amount. These fees are deducted before funds are disbursed to the gift recipient. By sending a gift, you acknowledge and accept these fees.

Disbursement to recipients. Funds collected as cash gifts are not disbursed instantly. The gift recipient (event organizer or celebrant) will receive their funds within a few business days after the event, subject to payment processing and verification timelines. BrainX Inc. is not liable for delays caused by the payment processor, banking institutions, or verification requirements.

All gifts are final and non-refundable. Once a gift is submitted and processed, BrainX Inc. and Festivance are unable to reverse, cancel, or refund the transaction under any circumstances, including but not limited to change of mind, accidental submission, event cancellation, or dispute with the organizer or celebrant. Any disputes related to a gift must be taken up directly with your card issuer or payment provider.

BrainX Inc. reserves the right to suspend or permanently disable access for any user reasonably suspected of submitting gifts from fraudulent or illegal sources, and to cooperate fully with law enforcement authorities in any related investigation.

Festivance is a technology platform only. We do not organize, host, manage, or operate any event. We are not a catering company, event planning company, food service provider, or hospitality business.

BrainX Inc. and Festivance are not responsible or liable for any of the following:

• The quality, safety, hygiene, preparation, presentation, or delivery of any food or drinks ordered through the platform.
• Any illness, injury, allergic reaction, or harm arising from the consumption of food or drinks at an event.
• Any physical injury, property damage, loss, or harm suffered by any person at or in connection with an event.
• The conduct of event staff, servers, ushers, or other personnel operating at an event.
• The failure of an event organizer to fulfil any request, order, or commitment made through the platform.
• Any dispute between a guest and an event organizer, celebrant, or other guest.
• Any cancellation, postponement, or change to an event.

The event organizer who creates and manages an event on Festivance is solely and fully responsible for all aspects of their event, including but not limited to:

• The safety and wellbeing of all guests and staff at the event.
• Compliance with all applicable health, safety, food handling, and licensing laws.
• The accuracy of menu items, including allergen and dietary information.
• The training and conduct of all event staff using the platform.
• Ensuring that the platform is used appropriately and in accordance with these Terms.
• Any contractual or legal obligations they have to their guests.

By creating an event on Festivance, the organizer agrees to indemnify, defend, and hold harmless BrainX Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising out of or related to their event.

Media download deadline. Any photos or videos uploaded to Festivance during an event must be downloaded or saved by the uploader within 3 days of the event date. After this window, uploaded media may be permanently deleted without further notice. BrainX Inc. is not responsible for any loss of media that was not retrieved within this period. It is your sole responsibility to save any content you wish to keep.

Event deletion. Past events and all associated data — including guest records, orders, usher calls, gifts, and media — are automatically deleted 5 days after the event date. BrainX Inc. is under no obligation to retain, archive, or restore any event data beyond this period. Organisers and guests are solely responsible for saving any information they wish to keep before this deadline.

BrainX Inc. shall not be liable for any loss, damage, or inconvenience resulting from the deletion of event data or media in accordance with these retention periods.

To the fullest extent permitted by applicable law, BrainX Inc. and Festivance shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, personal injury, or property damage, arising out of or in connection with:

• Your use of or inability to use the Festivance platform.
• Any event you attend or services you receive at an event.
• Any transaction or gift processed through the platform.
• Any unauthorized access to or alteration of your data or submissions on the platform.

In no event shall BrainX Inc.'s total liability to you for all claims arising from or related to these Terms or your use of Festivance exceed the greater of (a) the amount you paid to use the platform (if any) or (b) one hundred Canadian dollars (CAD $100.00).

Festivance is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that the platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

We do not warrant the accuracy, completeness, or suitability of any content on the platform, including menu items, event information, or order status updates.

All content, design, code, trademarks, and materials on the Festivance platform are the property of BrainX Inc. or its licensors. You may not copy, reproduce, modify, distribute, or create derivative works from any part of the platform without our express written permission.

By uploading photos, videos, or other content to Festivance, you grant BrainX Inc. a non-exclusive, royalty-free license to display that content within the event for which it was uploaded.

We reserve the right to suspend or terminate your access to Festivance at any time, without notice, if we determine that you have violated these Terms, engaged in fraudulent activity, or misused the platform in any way.

These Terms shall be governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Halifax, Nova Scotia.

We may revise these Terms at any time. When we do, we will update the "Last updated" date at the top of this page. Your continued use of Festivance after any change constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the platform.

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