Terms of Service

Welcome to Sweeperoo ("we," "us," "our," or the "Platform"). These Terms of Service ("Terms") govern your use of our sweepstakes widget platform and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

• "Platform" refers to our sweepstakes widget creation and management service
• "Client" or "Business User" refers to businesses that create and manage sweepstakes campaigns
• "Participant" or "Entrant" refers to individuals who enter sweepstakes created on our Platform
• "Campaign" or "Sweepstakes" refers to promotional sweepstakes created using our Platform
• "Widget" refers to the embeddable sweepstakes entry forms created through our Platform
• "Extension" refers to third-party platform integrations, including the Twitch Extension, that allow participants to enter sweepstakes directly within those platforms

By creating an account or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4.1 Business Accounts

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized use of your account
• You must be at least 18 years old or the age of majority in your jurisdiction
• One account per business entity is permitted unless otherwise agreed

4.2 Account Security

• You are responsible for all activities that occur under your account
• We recommend using strong passwords and enabling two-factor authentication
• We are not liable for any loss or damage from your failure to secure your account

5.1 Permitted Use

Our Services allow you to:

• Create and customize sweepstakes widgets
• Embed widgets on your websites
• Enable third-party platform extensions (e.g., Twitch Extension) for direct entry
• Collect and manage participant entries
• Select winners through our randomization tools
• Access analytics and reporting features
• Export participant data in compliance with privacy laws

5.2 Prohibited Use

You agree NOT to:

• Run sweepstakes without intending to award the advertised prizes
• Create fake or misleading campaigns
• Use the Platform for illegal gambling or lottery activities
• Violate any applicable laws or regulations
• Harvest or collect participant data for unauthorized purposes
• Attempt to circumvent any Platform security measures
• Use the Platform to distribute malware or harmful code
• Impersonate any person or entity
• Sell or transfer your account without our written consent

5.3 Campaign Requirements

When running campaigns, you must:

• Clearly state all terms and conditions
• Award all advertised prizes within the specified timeframe
• Comply with all applicable sweepstakes laws
• Obtain necessary licenses or bonds where required
• Include proper disclosures (e.g., "no purchase necessary")
• Respect participant privacy and data protection rights

5.4 Phone Verification

Campaigns may optionally require phone verification (SMS) to prevent fraud:

• Phone verification requires participants to verify their phone number via SMS code
• VoIP and virtual phone numbers may be rejected for fraud prevention
• Each verified phone number can only be associated with one participant account
• Phone verification cannot be enabled on active campaigns (to maintain consistent entry requirements)
• Business users are responsible for disclosing phone verification requirements in their campaign rules

6.1 Your Responsibilities

As a Client, you are solely responsible for:

• Ensuring your campaigns comply with all applicable laws in jurisdictions where they operate
• Understanding and following Canadian federal and provincial sweepstakes laws
• Complying with Quebec's specific sweepstakes regulations if operating there
• Following U.S. state and federal laws if accepting U.S. participants
• Adhering to international laws if running global campaigns
• Obtaining legal advice when necessary

6.2 Canadian Sweepstakes Law Compliance

You acknowledge that in Canada:

• Sweepstakes must include a skill-testing question for Canadian winners
• Certain disclosures and registrations may be required
• Quebec has specific requirements including French language rules
• You may need to register campaigns with the Régie des alcools, des courses et des jeux

6.3 Platform Limitations

We provide tools to help with compliance but:

• We are not a law firm and cannot provide legal advice
• Our templates and features are general guidelines only
• You must customize all content for your specific needs
• We are not responsible for your legal compliance

7.1 Subscription Plans

• Fees are based on your selected subscription plan
• All fees are in United States Dollars (USD) unless otherwise specified
• Prices are subject to applicable taxes
• We may change prices with 30 days' notice

7.2 Billing

• Subscriptions are billed in advance on a monthly or annual basis
• Payment is due upon receipt of invoice
• We accept major credit cards and other specified payment methods
• Late payments may result in service suspension

7.3 Refunds and Cancellations

Monthly Subscriptions:

• You may cancel at any time
• Cancellation takes effect at the end of the current billing period
• No refunds for partial months of service

Annual Subscriptions:

• Full refund available if cancelled within 14 days AND no campaigns have been launched
• Pro-rated refund available within 30 days (minus usage fees for any campaigns launched)
• No refunds after 30 days or if multiple campaigns have been launched

Refund Processing:

• Refunds are processed within 10 business days of approval
• Refunds are issued to the original payment method
• Disputed charges should be directed to support@sweeperoo.com before initiating chargebacks
• Chargebacks may result in immediate account suspension and termination

8.1 Unlimited Features

Certain subscription plans include features described as "unlimited" (including but not limited to unlimited campaigns, unlimited campaign duration, and unlimited participants). While we do not impose hard numerical limits on these features, all usage must comply with this Fair Use Policy.

8.2 Reasonable Use

"Unlimited" means usage that is reasonable and consistent with normal business operations for a company of your size and industry. We reserve the right to determine what constitutes reasonable use on a case-by-case basis. Factors we consider include:

• The nature and volume of your usage compared to similar customers
• The impact of your usage on our infrastructure and other customers
• Whether your usage appears to be for commercial resale or redistribution
• Whether your usage is consistent with the intended purpose of the Service

8.3 Prohibited Usage

The following activities are expressly prohibited and do not constitute fair use:

• Using the Service to operate a competing sweepstakes platform
• Reselling, redistributing, or sublicensing access to unlimited features
• Using automated systems to generate artificial or fraudulent usage
• Any usage that degrades system performance for other customers
• Any usage that violates applicable laws or regulations

8.4 Right to Limit or Suspend

We reserve the right, at our sole discretion, to:

• Implement reasonable limits on unlimited features if usage exceeds fair use thresholds
• Temporarily throttle or limit access to prevent system degradation
• Suspend or terminate accounts that violate this Fair Use Policy
• Modify the terms of unlimited features with 30 days' written notice

8.5 Notification and Remediation

Before imposing limits or suspending service for Fair Use Policy violations, we will:

• Provide written notice to your account email address
• Allow a reasonable opportunity (typically 7 business days) to reduce usage
• Work with you in good faith to find a mutually acceptable solution
• Offer the option to upgrade to a custom enterprise plan if appropriate

8.6 Examples of Fair Use

To provide guidance, the following are generally considered fair use for unlimited features:

• Running concurrent campaigns appropriate to your business size
• Collecting participant data for legitimate marketing purposes
• Campaign durations consistent with typical promotional periods (e.g., 1-90 days)
• Participant volumes consistent with your marketing reach and budget

8.7 No Guaranteed Uptime

Unlimited features are provided on an "as-available" basis and are not subject to specific uptime guarantees unless separately agreed in writing.

9.1 Platform Ownership

We retain all rights to:

• The Platform software and code
• Our trademarks, logos, and branding
• Platform features and functionality
• Documentation and support materials

9.2 Your Content

You retain ownership of:

• Your campaign content and branding
• Participant data collected through your campaigns
• Custom CSS and design elements
• Your company information and logos

9.3 License Grants

• You grant us a license to use your content to provide the Services
• We grant you a limited license to use the Platform during your subscription
• You may not reverse engineer or copy our Platform
• You must respect third-party intellectual property rights

10.1 Data Processing

• We process data in accordance with our Privacy Policy
• You are the data controller for participant information
• We are the data processor providing the Platform
• Our data processing relationship is governed by our Data Processing Agreement (DPA)
• We comply with Canadian privacy laws (PIPEDA)

10.2 Your Obligations

You must:

• Obtain proper consent from participants
• Provide clear privacy notices
• Handle participant data securely
• Comply with data subject rights requests
• Delete data when no longer needed

11.1 Our Warranties

We warrant that:

• The Platform will perform substantially as described
• We will use commercially reasonable security measures
• We will provide the Services with reasonable skill and care

11.2 Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

You agree to indemnify, defend, and hold harmless Skillful Squirrel Creative Inc. (operating as "Sweeperoo"), its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Platform
• Your campaigns and sweepstakes
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Participant claims related to your campaigns

14.1 Termination by You

• You may cancel your subscription at any time
• Cancellation takes effect at the end of the current billing period
• You remain responsible for fees incurred before termination

14.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms
• You fail to pay fees when due
• We reasonably believe you are using the Platform illegally
• Required by law or court order

14.3 Effect of Termination

Upon termination of your account:

Grace Period:

• You will have a 30-day grace period to export all data
• During this period, you can access your account in read-only mode
• Active campaigns will continue to run for 7 days to allow participant notification
• We will provide one final data export upon request within the grace period

After Grace Period:

• Your access to the Platform will be permanently disabled
• We may delete your account data (except as required by law)
• Winner information will be retained for 6-7 years per tax requirements
• Audit logs and compliance records will be retained per legal requirements

Surviving Provisions:

• Sections on intellectual property, indemnification, limitation of liability, and dispute resolution survive termination
• Any outstanding payment obligations survive termination

15.1 Governing Law

These Terms are governed by the laws of Ontario, Canada, without regard to conflict of law principles.

15.2 Arbitration

Any disputes shall be resolved through binding arbitration in Toronto, Ontario, under the rules of the ADR Institute of Canada, except for claims for injunctive relief.

15.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions.

16.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Platform.

16.2 Amendments

We may update these Terms at any time. Material changes will be notified via email or Platform notice with 30 days' advance notice.

16.3 Severability

If any provision is found unenforceable, the remaining provisions shall continue in effect.

16.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

16.5 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond their reasonable control.

For questions about these Terms, please contact: