Terms of Service

3.1 Minimum Age

The Services are available only to individuals who are at least nineteen (19) years of age, being the age of majority in the Province of British Columbia. By creating an Account, you represent and warrant that you meet this age requirement.

3.2 Accurate Information

You agree to provide accurate, current, and complete information at registration and to keep your Account information updated. You are responsible for maintaining the confidentiality of your Account credentials and for all activity occurring under your Account.

3.3 One Account per Person

You may maintain only one (1) Account. Creating, controlling, or operating multiple Accounts, or sharing an Account with others, is prohibited.

3.4 Verification

Totemian may require you to verify your identity, age, or other Account information at any time, and may suspend access pending such verification.

4.1 Operator

Totemian, through Tribe26, is the sole operator of the Loyalty Program. Rewards are issued, recognized, recorded, redeemed, and administered exclusively by Totemian. Your loyalty relationship is with Totemian. You earn Rewards from, and redeem Rewards with, Totemian — not from or with any Node. Nothing in the Services creates a direct loyalty, credit, or financial obligation between any Node and any Member.

4.2 Closed-Loop; No Cash Value

Rewards:

• are usable solely within the Tribe26 ecosystem and the network of participating Nodes and Brandboards;
• have no cash value;
• are not legal tender;
• cannot be redeemed for fiat currency, withdrawn as money, transferred to a bank account, or converted into any external asset by Members;
• are not securities, deposits, e-money, stored-value instruments, foreign exchange, commodities, or cryptocurrencies in the legal sense; and
• do not constitute the offering of regulated financial services, money services, payment services, or investment products by Totemian.

4.3 No Peer-to-Peer Transfer

Rewards are personal to the Member and may not be sold, transferred, assigned, gifted, bequeathed, pledged, encumbered, or otherwise disposed of, except as expressly permitted by Totemian in writing. Any attempted transfer is void.

4.4 Earning Rewards

Members may earn Rewards through, without limitation:

• submission of a valid invoice or receipt evidencing a Qualifying Purchase at a participating Node (a "Cashback Reward");
• check-ins, proof-of-presence, and other engagement activities at Nodes;
• completion of missions, surveys, reviews, or community contributions;
• promotions, contests, or special events run by Totemian.

Eligibility criteria, accrual rates, caps, validation methods, and other terms applicable to each type of earning are determined by Totemian in its sole discretion and may be modified at any time.

4.5 Cashback Rewards — Invoice Submission

To earn a Cashback Reward, the Member must submit a clear copy of the invoice or receipt through the Services within the timeframe specified for the applicable Offer, and in the absence of such specification, within thirty (30) days of the date of purchase. Each invoice or receipt may be submitted only once and only by the Member to whom it was issued. The Member represents and warrants that all submitted invoices or receipts are authentic, accurate, complete, and reflect a genuine purchase made by the Member.

Totemian, in its sole discretion, validates submissions and may reject any submission that is, in its reasonable opinion, illegible, duplicated, altered, suspicious, fraudulent, non-compliant with the applicable Offer terms, or otherwise unverifiable.

4.6 Expiry of Rewards

Rewards expire and are forfeited automatically and without notice if your Account has been inactive for twelve (12) consecutive months. "Inactive" means no login, no purchase submission, no check-in, no Reward earning or redemption, and no other engagement with the Services for the duration of that period. Totemian may, but is not obligated to, provide reminders prior to expiry.

4.7 Redemption

Members may redeem Rewards for in-platform benefits made available by Totemian from time to time, which may include in-app discounts at participating Nodes, access to special Offers, badge unlocks, or other rewards Totemian may offer. Redemption mechanics, eligibility, availability, and equivalence are determined by Totemian in its sole discretion and may be changed at any time.

4.8 Adjustment, Reversal, and Forfeiture

Totemian may, at its sole discretion and without notice, adjust, reverse, void, or forfeit Rewards where it reasonably believes that the Rewards were:

• issued in error;
• obtained through fraud, abuse, manipulation, or violation of these Terms;
• subject to a reversal of the underlying transaction (e.g., a refund, return, chargeback, or cancellation at the Node); or
• otherwise improperly accrued or held.

4.9 Taxes

Members are solely responsible for any taxes, duties, levies, or other governmental charges that may apply to their receipt or redemption of Rewards under applicable law.

4.10 Modification or Discontinuation of the Loyalty Program

Totemian may, at any time and for any reason, modify, suspend, or discontinue the Loyalty Program (or any part of it), including the accrual rates, redemption mechanics, expiry rules, or terms applicable to any Reward. Where reasonably practicable, Totemian will provide notice through the Services before material changes take effect. No Member has any vested right in the continuation of the Loyalty Program on any specific terms.

5.1 Offers Are Not Tribe26's Products

Offers and any goods or services made available by Nodes are products and services of those Nodes, not of Tribe26 or Totemian. Tribe26's role is limited to facilitating discovery and administration of Offers and operating the Loyalty Program.

5.2 No Privity in Underlying Transactions

The underlying commercial transaction between a Member and a Node — including without limitation the purchase of food, beverages, goods, or services — is a transaction solely between that Member and that Node. Tribe26 is not a party to such transactions, does not act as agent for either party, and does not collect, hold, transmit, escrow, or guarantee any payment between Members and Nodes.

5.3 No Endorsement

The inclusion of a Node, Brandboard, or Offer in the Services does not constitute an endorsement by Tribe26 of that Node, Brandboard, or its products or services. Tribe26 makes no representation as to the quality, safety, legality, or compliance of any Node, Brandboard, or Offer.

5.4 Disputes Concerning Nodes

If a Member experiences a dispute with a Node concerning a purchase, the terms of an Offer, product quality, service, or any other matter relating to the underlying commercial transaction, the Member may report the matter to Tribe26 at support@tribe26.app. Tribe26 may, at its sole discretion, mediate, suspend or remove the relevant Offer, suspend the Node's participation in the Tribe26 network, or take other reasonable action; however, Tribe26 has no obligation to resolve, and assumes no liability for, the outcome of any such dispute. Resolution of the underlying dispute remains between the Member and the Node.

5.5 Non-Honor of Offers

If a Node refuses or fails to honor a published Offer, the Member is encouraged to report the matter through the Services or to support@tribe26.app. Tribe26 may, in its discretion, credit the Member with an equivalent in-platform Reward, but is under no contractual obligation to the Member to do so.

7.1 License Grant

"User Content" means any content (including text, images, photographs of receipts or invoices, reviews, ratings, comments, messages, and other materials) that you submit, post, upload, transmit, or otherwise make available through the Services. By submitting User Content, you grant to Totemian a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, and create derivative works of such User Content, in any media now known or later developed, in connection with the Services and Totemian's business, including for analytics, marketing, and promotional purposes.

7.2 Member Representations

You represent and warrant that (a) you own or have all necessary rights to grant the license in Section 7.1; (b) your User Content does not violate the intellectual property, privacy, publicity, or other rights of any third party, or any applicable law; and (c) information in submitted receipts and invoices reflects genuine purchases made by you and has not been altered.

7.3 Moderation

Totemian may, but is not obligated to, monitor, review, edit, refuse, remove, or disable User Content at any time and for any reason, including content that violates these Terms. Totemian does not endorse and is not responsible for any User Content posted by other Members.

11.1 As-Is Basis

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOTEMIAN MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

11.2 No Warranty as to Nodes or Offers

TOTEMIAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY NODE, BRANDBOARD, OR OFFER, INCLUDING WITHOUT LIMITATION CONCERNING THE QUALITY, SAFETY, LEGALITY, AVAILABILITY, ACCURACY, OR COMPLIANCE OF ANY GOODS, SERVICES, OR PROMOTIONS MADE AVAILABLE BY OR THROUGH A NODE OR BRANDBOARD. MEMBERS INTERACT WITH NODES AND BRANDBOARDS AT THEIR OWN RISK.

12.1 Exclusion of Indirect Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TOTEMIAN, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT TOTEMIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Aggregate Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF TOTEMIAN AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED CANADIAN DOLLARS (CAD $100), OR (B) THE TOTAL AMOUNTS, IF ANY, PAID BY YOU TO TOTEMIAN IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AS THE SERVICES ARE GENERALLY MADE AVAILABLE TO MEMBERS WITHOUT FEE, THIS CAP WILL TYPICALLY BE CAD $100.

12.3 Essential Basis

You acknowledge that the limitations of liability in this Section 12 are a fundamental element of the basis of the bargain between you and Totemian, and that Totemian would not provide the Services without these limitations.

12.4 Consumer Protections

Nothing in these Terms is intended to exclude or limit any right that cannot be excluded or limited under applicable consumer protection law. Where any limitation or exclusion in these Terms is held to be unenforceable, it shall apply to the maximum extent permitted by law.

14.1 By You

You may terminate your Account at any time through the Services or by contacting support@tribe26.app. Upon termination, all Rewards held in your Account are forfeited without compensation.

14.2 By Us

Totemian may suspend or terminate your Account or your access to the Services at any time, with or without notice, for any reason, including without limitation:

• breach or suspected breach of these Terms;
• suspected fraud, abuse, or misuse of the Services;
• inactivity (as defined in Section 4.6);
• legal, regulatory, or risk-management requirements; or
• modification or discontinuation of the Services or the Loyalty Program.

14.3 Effect of Termination

Upon termination, your right to access and use the Services ceases immediately, and any Rewards in your Account are forfeited. The following provisions survive termination: Sections 1, 7.1, 8, 9, 11, 12, 13, 14.3, 15, and 16.

15.1 Right to Modify Services

TOTEMIAN RESERVES THE RIGHT, AT ANY TIME, IN ITS SOLE DISCRETION, AND FOR ANY REASON OR NO REASON, TO MODIFY, SUSPEND, OR DISCONTINUE THE SERVICES, THE LOYALTY PROGRAM, OR ANY FEATURE OR PORTION THEREOF, WITH OR WITHOUT NOTICE. TOTEMIAN WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MODIFICATION, SUSPENSION, OR DISCONTINUATION.

15.2 Right to Update Terms

Totemian reserves the right, at any time, in its sole discretion, and for any reason or no reason, to update, modify, replace, or supplement these Terms. The most current version will be posted at tribe26.app/legal/terms-of-service with a revised "Last Updated" date. Where the change is material, Totemian will use commercially reasonable efforts to notify Members through the Services or by email before the change takes effect.

Your continued use of the Services after the effective date of any update constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, your sole and exclusive remedy is to stop using the Services and to delete your Account.

16.1 Governing Law

These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.

16.2 Good-Faith Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Services (a "Dispute"), the parties shall first attempt in good faith to resolve the matter informally by written notice to legal@tribe26.app, with at least thirty (30) days to negotiate before pursuing any formal proceeding.

16.3 Arbitration

If a Dispute is not resolved through informal negotiation within thirty (30) days, the Dispute shall be finally resolved by binding arbitration administered by the Vancouver International Arbitration Centre (VANIAC, formerly BCICAC) under its rules then in effect. The arbitration shall be conducted in Vancouver, British Columbia, in the English language, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

16.4 Court Jurisdiction for Injunctive Relief

Notwithstanding Section 16.3, either party may seek injunctive or other equitable relief from the courts of British Columbia to protect its intellectual property rights or confidential information.

16.5 Class-Action Waiver

To the fullest extent permitted by law, the parties waive any right to participate in a class action, collective action, or representative proceeding against the other party. Disputes shall be resolved on an individual basis.

17.1 Entire Agreement

These Terms, together with the Tribe26 Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and Totemian concerning the Services and supersede all prior or contemporaneous understandings.

17.2 Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to render it enforceable, or, if such modification is not possible, severed; the remaining provisions shall continue in full force.

17.3 No Waiver

No failure or delay by Totemian to enforce any right or provision of these Terms shall constitute a waiver. Any waiver shall be effective only if expressly made in writing.

17.4 Assignment

You may not assign or transfer these Terms, in whole or in part, without Totemian's prior written consent. Totemian may assign or transfer these Terms freely, including in connection with a merger, acquisition, financing, reorganization, or sale of assets.

17.5 Notices

Notices to Totemian must be sent to legal@tribe26.app or to Totemian's registered office at the address shown above. Notices to you will be sent to the email address associated with your Account, or delivered through the Services by in-app message or push notification.

17.6 Force Majeure

Totemian shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including acts of God, war, civil unrest, governmental action, pandemic, internet or telecommunications failure, or other force majeure.

17.7 Language

These Terms are drafted in English. Any translation provided for convenience does not modify the English version, which shall prevail in case of any conflict.

17.8 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, fiduciary, or agency relationship between you and Totemian.

17.9 Contact

For questions regarding these Terms, please contact legal@tribe26.app. For general support, please contact support@tribe26.app.