Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you") and Learngistics ("Company," "we," "us"), a Canadian company, governing your access to and use of the Enga.gd WON platform ("Service"), including the website, applications, and all related services. By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

2. Description of Service

Enga.gd WON is a web-based random selection tool ("Wheel of Names") designed for event producers, webinar hosts, and exhibitors. The Service allows users to upload participant lists, spin a virtual wheel to select winners, and manage events through an organizational dashboard. The Service is offered in free and paid tiers with varying feature limits.

3. User Accounts

To access certain features, you must create an account through our authentication provider. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate and complete information during registration
• Notify us immediately of any unauthorized use of your account
• Not share your account with others or create multiple accounts for the same person

We reserve the right to suspend or terminate accounts that violate these Terms or that remain inactive for an extended period.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Upload content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Use the Service to conduct unauthorized lotteries, gambling, or regulated sweepstakes without proper legal compliance
• Attempt to gain unauthorized access to the Service, other user accounts, or our systems
• Interfere with or disrupt the Service or servers connected to the Service
• Use automated tools to scrape, crawl, or extract data from the Service without permission
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity

5. Subscriptions and Payment

The Service offers both free and paid subscription tiers. Paid subscriptions ("Pro") provide access to additional features and higher usage limits. By subscribing to a paid tier:

• You authorize us to charge the applicable fees to your chosen payment method
• Subscriptions renew automatically unless cancelled before the renewal date
• Prices are listed in the currency displayed at the time of purchase and may be subject to applicable taxes
• We reserve the right to change pricing with reasonable notice to existing subscribers

Refund requests are handled on a case-by-case basis. Contact us at [email protected] for billing inquiries.

6. Intellectual Property

The Service, including its design, code, graphics, logos, and trademarks, is owned by Learngistics and is protected by Canadian and international intellectual property laws. You retain ownership of any content you upload to the Service (such as participant lists and branding assets). By uploading content, you grant us a limited, non-exclusive license to store and process that content solely for the purpose of providing the Service to you.

7. User Content and Data

You are solely responsible for the content you upload, including participant names, email addresses, and any other personal information. You represent that you have the necessary rights and consents to upload such data and that your use of the Service complies with all applicable privacy and data protection laws. We process your data in accordance with our Privacy Policy.

8. Disclaimers

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure. The random selection mechanism is based on software algorithms and is not certified for use in regulated lotteries or legally binding drawings.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Learngistics and its officers, directors, employees, and agents shall not 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 resulting from your use of or inability to use the Service. Our total aggregate liability for all claims related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Learngistics and its affiliates from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party, including the upload of personal data without proper consent.

11. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. You may delete your account at any time. Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) shall survive.

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to the courts of competent jurisdiction in Ontario, Canada.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the Service or via email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

14. Contact Information

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