Terms of Service

1. Acceptance of Terms

By accessing or using the MediaSurf Technologies website (mediasurf.ca), including any of our products and services such as LearnCraft Authoring Suite, PitStop marketplace, and related platforms (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

2. Definitions

• "MediaSurf," "we," "us," "our" refers to MediaSurf Technologies, based in Waterloo, Ontario, Canada.
• "You," "your," "user" refers to any individual or entity accessing or using our Services.
• "Services" refers to our website, LearnCraft Authoring Suite, PitStop, and all other products, tools, and platforms offered by MediaSurf.
• "Content" refers to any text, images, videos, courses, quizzes, or other materials uploaded, created, or shared through our Services.

3. Eligibility

You must be at least 16 years of age to use our Services. By using our Services, you represent and warrant that you meet this requirement. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. User Accounts

To access certain features of our Services, you may need to create an account. You are responsible for:

• Providing accurate, current, and complete registration information
• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we deem necessary for security or legal reasons.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, and functionality of our Services — including but not limited to our website design, logos, trademarks, software code, and proprietary tools — are owned by MediaSurf Technologies and are protected by Canadian and international copyright, trademark, and intellectual property laws.

5.2 Your Content

You retain all ownership rights to the Content you create, upload, or publish through our Services. By submitting Content, you grant MediaSurf a worldwide, non-exclusive, royalty-free license to host, store, and display your Content solely to provide and improve our Services to you.

You represent that you own or have the necessary rights to all Content you submit and that your Content does not infringe any third-party intellectual property rights.

6. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws
• Upload or transmit viruses, malware, or any malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Engage in scraping, data mining, or any automated data collection without our written consent
• Use the Services to harass, abuse, or harm others
• Violate any intellectual property or privacy rights of others

7. Service Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. We may suspend, withdraw, or modify all or part of our Services without notice. We will not be liable if all or part of our Services are unavailable at any time.

8. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by MediaSurf. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites. You access third-party links at your own risk.

9. Payments and Subscriptions

Certain Services may require payment. By purchasing any paid Service, you agree to pay all applicable fees. All fees are non-refundable unless otherwise stated in a separate agreement. We reserve the right to change our pricing at any time with reasonable notice.

10. Limitation of Liability

To the fullest extent permitted by applicable law, MediaSurf Technologies and its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising from:

• Your use or inability to use the Services
• Any conduct or Content of any third party on the Services
• Unauthorized access, use, or alteration of your Content

Our total liability for any claims under these Terms shall not exceed the amount you paid us, if any, in the twelve (12) months preceding the claim.

11. Disclaimer of Warranties

Our Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our Services will be error-free, secure, or uninterrupted.

12. Indemnification

You agree to indemnify, defend, and hold harmless MediaSurf Technologies and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising from your use of the Services, your Content, or your violation of these Terms.

13. Termination

We may terminate or suspend your access to the Services immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Services will cease immediately. Provisions that by their nature should survive termination shall survive.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will post the revised Terms on this page and update the "Last updated" date. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.

16. Contact Us

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

• Email: legal@mediasurf.ca
• Address: Waterloo, Ontario, Canada
• Website: mediasurf.ca