Effective Date: Jan 19, 2026
Last Updated: Jan 19, 2026

These Terms of Service (“Terms”) govern your access to and use of Octaine’s websites, mobile applications, connected platforms, and related services (collectively, the “Platform”). By creating an account, accessing, or using the Platform, you agree to these Terms.

1. Definitions

• “Octaine”, “we”, “our”, “us” means Octaine and, where applicable, its affiliated entities under common ownership or control.
• “Platform” means Octaine’s services, websites, mobile applications, connected platforms, and related communications.
• “Account” means the login credentials and profile associated with your use of the Platform.
• “User Content” means content you submit, upload, transmit, publish, or otherwise make available through the Platform.
• “Octaine Group” means Octaine and its affiliated brands, products, and services, including current and future offerings.

2. Changes to These Terms

We may update these Terms from time to time. If we make changes, we will update the “Last Updated” date and may provide additional notice through the Platform or by other reasonable means. Your continued use of the Platform after the changes take effect means you accept the updated Terms.

3. Eligibility

You may use the Platform only if you can form a binding contract where you live and you comply with these Terms and all applicable laws. Certain features may have additional eligibility requirements, including age, location, identity verification, or other criteria.

4. Account Registration and Security

• You are responsible for providing accurate information and keeping it up to date.
• You are responsible for maintaining the confidentiality of your credentials and for all activity under your Account.
• You must notify us promptly if you believe your Account has been compromised.
• We may require verification steps (including identity verification) to access certain features or to protect the Platform.

5. License to Use the Platform

Subject to these Terms, Octaine grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use, unless we agree otherwise in writing.

6. Acceptable Use and Prohibited Conduct

You agree not to misuse the Platform. Prohibited conduct includes:

• Violating any applicable law or regulation.
• Attempting to access accounts, systems, or data you are not authorized to access.
• Interfering with, disrupting, overloading, or damaging the Platform.
• Using bots, scrapers, automation, or other methods to access or collect data from the Platform without our permission.
• Reverse engineering, decompiling, or attempting to derive source code, except to the extent permitted by law.
• Circumventing security features, anti-cheat systems, or access controls.
• Submitting false, misleading, or fraudulent information, including performance or identity related information.
• Harassing, abusing, threatening, or defaming others, or posting unlawful, hateful, or obscene content.

7. User Content and Community Features

The Platform may allow you to submit User Content, such as profile information, posts, messages, comments, images, and other materials.

• You retain ownership of your User Content, subject to the license you grant below.
• You represent that you have the rights necessary to submit User Content and that your User Content does not violate law or third-party rights.
• You grant Octaine a worldwide, royalty-free, sublicensable, transferable license to host, store, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content for the purposes of operating, improving, and promoting the Platform and the Octaine Group.
• We may remove or restrict User Content at any time, for any reason, including if we believe it violates these Terms or harms the Platform or other users.

8. Competitions, Rankings, Events, and Prizes

The Platform may include races, competitions, leaderboards, challenges, events, prize-based activities, and other gameplay or performance features.

• Results, rankings, and eligibility may be affected by rules, verification methods, anti-cheat processes, and data availability.
• We may disqualify participants, adjust results, or withhold prizes where we reasonably believe rules have been violated or results are not reliable.
• Prizes and offers may be subject to additional terms, sponsor requirements, eligibility rules, and tax reporting where applicable.
• We do not guarantee that competitions, events, or prizes will be available in all locations or at all times.

9. Betting and Wagering Features

Where the Platform offers wagering, betting, or similar features (“Betting Features”), they are available only in locations where lawful and only to users who meet applicable age and eligibility requirements.

• Betting Features may require identity verification and other compliance checks, including know-your-customer and anti-money laundering processes.
• We may set, modify, or enforce rules for Betting Features, including limits, settlement logic, voiding or canceling bets, and dispute processes.
• You are responsible for understanding the risks of wagering and for complying with applicable laws in your jurisdiction.
• We may suspend or terminate Betting Features for you or in a region at any time, including to comply with law, respond to risk, or protect Platform integrity.

10. Purchases, Subscriptions, Fees, and Taxes

Some features may require payment, subscriptions, or purchases. If you make a purchase, you agree:

• You authorize us (and our payment providers) to charge your payment method for the amounts you approve, including applicable taxes and fees.
• Prices, features, and availability may change.
• Digital features, virtual items, and in-Platform benefits generally have no cash value and are not refundable, except where required by law or expressly stated at purchase.
• You are responsible for any taxes or duties that may apply to your purchases.

11. Third-Party Services

The Platform may integrate with or link to third-party services (for example, fitness hardware, analytics tools, payment providers, and event partners). Your use of third-party services is governed by their terms and policies. Octaine is not responsible for third-party services.

12. Intellectual Property

• The Platform and all associated content, software, trademarks, designs, and materials are owned by Octaine or its licensors and are protected by intellectual property laws.
• Except for the limited license granted in these Terms, no rights are granted to you.
• You may not use Octaine’s trademarks, logos, or brand elements without prior written permission.

13. Feedback

If you provide feedback, ideas, or suggestions, you grant Octaine the right to use them without restriction or compensation, and without any obligation to you.

14. Privacy and Communications

Our Privacy Policy explains how we collect, use, share, and protect personal information. By using the Platform, you acknowledge that your personal information will be handled as described in our Privacy Policy.

We may send you service-related communications, such as security notices, transactional messages, updates, and support responses. Marketing communications are managed as described in the Privacy Policy and your preferences.

15. Suspension and Termination

We may suspend, restrict, or terminate your access to the Platform at any time if we believe you have violated these Terms, you pose a risk to the Platform or other users, or we must do so to comply with law. You may stop using the Platform at any time.

Upon termination, the license granted to you ends. Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, and dispute resolution.

16. Disclaimers

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCTAINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OCTAINE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT RESULTS WILL BE ACCURATE OR RELIABLE.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCTAINE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE PLATFORM, EVEN IF OCTAINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCTAINE’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO OCTAINE FOR THE PLATFORM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) 100 CAD.

18. Indemnification

You agree to defend, indemnify, and hold harmless Octaine, its affiliates, and their directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Platform, your User Content, or your violation of these Terms or applicable law.

19. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of laws principles.

Unless applicable law requires otherwise, you agree that any dispute arising out of or relating to these Terms or the Platform will be brought exclusively in the courts located in Toronto, Ontario, and you consent to the personal jurisdiction of those courts.

20. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy and any additional policies or feature-specific terms, form the entire agreement between you and Octaine regarding the Platform.
• Severability: If any provision is held unenforceable, the remaining provisions remain in effect.
• No Waiver: Failure to enforce any provision is not a waiver.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with a corporate transaction or otherwise.

21. Contact

Questions about these Terms can be sent to: legal@octaine.com

Octaine
198 Davenport Rd, Toronto, ON M5R 1J2