Terms of Service

These Terms of Service (“Terms”) govern access to and use of SmartScore Pro, including our websites, applications, software, and related services (collectively, the “Service”).

SmartScore Pro is owned and operated by Nicholas Strelic, a sole proprietor in Saskatchewan, Canada. “SmartScore Pro,” “we,” “us,” and “our” in these Terms refer to that business.

By creating an account, accessing or using the Service, purchasing a subscription, or accepting these Terms on behalf of an organization, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, do not access or use the Service.

1. Definitions

For purposes of these Terms:

“SmartScore Pro,” “we,” “us,” or “our” means the provider and operator of the SmartScore Pro Service.

“Organization” means a dance studio, competition organizer, performing-arts organization, business, or other entity that subscribes to, creates an organizational account for, or otherwise uses the Service.

“Authorized User” means an individual who accesses or uses the Service on behalf of or through an Organization, including owners, administrators, employees, teachers, judges, contractors, and other authorized personnel.

“Customer” or “you” means, as applicable, an Organization or an individual using the Service.

“Customer Data” means information, records, files, and other data submitted to or generated through the Service on behalf of an Organization, including information concerning dancers, families, students, registrations, classes, routines, competitions, invoices, payments, schedules, scores, and related activities.

“User Content” means content submitted, uploaded, published, or otherwise provided through the Service, including text, images, logos, audio, video, documents, schedules, and other materials.

2. Organizations and Authority

If you create an Organization, purchase a subscription on behalf of an Organization, or otherwise accept these Terms on behalf of an Organization, you represent that you have authority to bind that Organization to these Terms.

Organizations are responsible for their Authorized Users and for activities performed through accounts under their control.

Organizations are also responsible for configuring their use of the Service appropriately, determining which individuals should have access, maintaining appropriate permissions, and promptly removing access when it is no longer required.

3. Description of the Service

SmartScore Pro is a cloud-based software platform for dance studios, performing-arts organizations, and competition organizers.

Depending on the features and services selected, SmartScore Pro may provide tools for studio management, classes and routines, dancer and family management, billing and invoicing, payment collection, competition registration and administration, event scheduling, adjudication and scoring, judge coordination, program publication, communications, reporting, audience-facing competition websites, and related operational functions.

Features may be added, modified, replaced, limited, or discontinued over time.

SmartScore Pro provides software and technology services. Unless expressly agreed otherwise in writing, SmartScore Pro is not the organizer, promoter, adjudicator, studio operator, employer, financial adviser, tax adviser, or other operator of activities conducted through the Service.

Competition rules, eligibility decisions, registrations, schedules, scoring decisions, placements, awards, studio policies, tuition and other fees, refunds, dancer participation, and disputes between organizations, studios, judges, dancers, parents, customers, or other third parties remain the responsibility of the applicable Organization or parties.

4. Eligibility and Accounts

You must have the legal capacity to enter into these Terms to create and control an account. Accounts must be created by adults (18 or older). Dancers under 18 take part through an account held by their parent or guardian or through their studio.

The Service is primarily intended for businesses, organizations, and professionals in the dance and performing-arts industries.

You agree to provide accurate, current, and complete information and to keep account information reasonably up to date.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.

You must not share credentials in a manner that circumvents account, user, subscription, or security restrictions.

You must notify us promptly at [email protected] if you know or reasonably suspect that your account or credentials have been compromised.

We may require additional authentication, verification, or security measures where reasonably necessary to protect the Service, our customers, or other users.

5. Information About Minors

Organizations may use the Service to maintain information concerning dancers, students, or participants who are minors.

If you submit, collect, manage, publish, or otherwise process information concerning a minor through the Service, you represent and warrant that you have the legal authority to do so and that you have obtained any consent required by applicable law.

Organizations are responsible for determining what information about minors they are permitted to collect, store, disclose, publish, or otherwise process.

Organizations are also responsible for determining whether information about a minor may be included in public-facing materials such as schedules, competition programs, results, websites, photographs, or other publications.

SmartScore Pro provides tools that may assist Organizations in managing this information but does not determine whether an Organization has obtained sufficient consent or authority for a particular use.

6. Acceptable Use

You may not use the Service to:

• violate any applicable law or regulation;
• infringe, misappropriate, or violate the rights of another person or organization;
• upload or distribute unlawful, fraudulent, defamatory, harassing, abusive, or obscene material;
• impersonate another person or entity or misrepresent your identity, authority, or affiliation;
• gain or attempt to gain unauthorized access to the Service, another account, or related systems;
• interfere with, disrupt, overload, damage, or impair the Service or its infrastructure;
• introduce malware, malicious code, or other harmful material;
• bypass security controls, access restrictions, rate limits, or technical safeguards;
• scrape, crawl, harvest, or systematically extract information from the Service without our written permission;
• reverse engineer, decompile, disassemble, or attempt to derive source code from the Service except to the extent such restriction is prohibited by applicable law;
• use the Service or non-public information obtained through it to develop, train, or materially improve a competing product or service; or
• permit another person to do any of the foregoing.

We may investigate suspected violations and may restrict or suspend access where reasonably necessary to protect the Service, our customers, users, or third parties.

7. Customer Data

As between SmartScore Pro and an Organization, the Organization retains its rights in Customer Data submitted to the Service on its behalf.

The Organization grants SmartScore Pro a non-exclusive, worldwide right to host, store, transmit, reproduce, process, display, and otherwise use Customer Data as reasonably necessary to provide, secure, support, maintain, and administer the Service and fulfill our obligations under these Terms.

Organizations are responsible for the accuracy, quality, legality, and appropriateness of Customer Data they submit or cause to be submitted to the Service.

Organizations are responsible for obtaining all permissions, notices, authorizations, and consents required to collect and process Customer Data through SmartScore Pro.

Where functionality allows information to be made publicly accessible, the Organization is responsible for deciding what information it publishes or authorizes for publication.

We may generate and use aggregated or de-identified information derived from use of the Service for analytics, security, performance monitoring, product development, and improvement, provided that such information does not reasonably identify an Organization or individual.

Studio Data Responsibilities

When an Organization uses the Service to manage personal information about dancers, families, staff, or other individuals, the Organization is accountable for that information under applicable privacy law, and SmartScore Pro processes it on the Organization’s behalf. In that role:

• The Organization tells families what it collects and why, obtains the consents required by law (including a parent or guardian’s consent for information about minors and express consent for sensitive information such as medical notes), and decides who in its organization gets access.
• SmartScore Pro uses that information only to provide, secure, and support the Service and as instructed by the Organization through the Service, and not for its own marketing or for sale.
• SmartScore Pro protects the information with safeguards appropriate to its sensitivity and limits access by its personnel to what is needed to operate and support the Service.
• SmartScore Pro may use the service providers listed in the Privacy Policy, some of which store or process information outside Canada, and will update that list when it changes.
• SmartScore Pro will notify the Organization without undue delay after confirming a breach of security safeguards affecting the Organization’s information, and will cooperate with the Organization’s response.
• SmartScore Pro will help the Organization respond to access, correction, and deletion requests from individuals, and will forward requests it receives directly about the Organization’s records.
• When the Organization closes its account, it may request an export of its records. SmartScore Pro then deletes or de-identifies the Organization’s information, except where retention is required by law (for example tax records).

Our collection and processing of personal information is further described in our Privacy Policy.

8. User Content

You retain your ownership rights in User Content.

You grant SmartScore Pro a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, process, format, and display User Content to the extent reasonably necessary to provide, operate, secure, support, and maintain the Service.

You represent and warrant that you have the rights and permissions necessary to submit User Content and authorize its use as described in these Terms.

SmartScore Pro does not acquire ownership of your User Content merely because it is uploaded to the Service.

9. Subscriptions, Fees, and Billing

Certain features or levels of the Service may require payment of subscription, platform, transaction, usage, or other fees.

Unless otherwise stated, prices are expressed in Canadian dollars (CAD).

Subscription fees may be billed in advance on a recurring basis. You authorize SmartScore Pro and its payment providers to charge the applicable fees using the payment method associated with your account.

Except where required by law or expressly stated otherwise, fees already paid are non-refundable.

You are responsible for applicable taxes associated with your purchase of the Service, except taxes imposed on SmartScore Pro’s income.

We may change our fees or pricing structure from time to time. Where a change affects an existing recurring subscription, we will provide reasonable notice before the new pricing applies.

Failure to pay amounts when due may result in restriction, suspension, or termination of access to paid features or the Service.

10. Payments Collected Through the Service

The Service may allow Organizations to invoice customers, collect payments, store payment methods through supported payment processors, or otherwise facilitate financial transactions.

Payment processing is provided by third-party payment processors, such as Stripe.

Unless SmartScore Pro expressly states otherwise in writing, SmartScore Pro is not the merchant of record for amounts an Organization charges its dancers, families, studios, attendees, customers, or other third parties.

Organizations are solely responsible for:

• determining amounts to be charged;
• verifying invoices and payment information before initiating charges;
• obtaining any authorization or consent required to charge a customer or save and subsequently charge a payment method;
• determining and collecting applicable sales, goods and services, value-added, or other taxes;
• issuing and administering refunds or credits;
• responding to customer payment disputes and chargebacks;
• complying with payment network and processor requirements; and
• ensuring that their billing and collection practices comply with applicable law.

By using payment functionality, you authorize SmartScore Pro to transmit payment-related instructions and information to the applicable payment processor as necessary to provide the requested functionality.

Payment processors may impose their own terms, fees, reserves, holds, account restrictions, verification requirements, payout schedules, and dispute procedures.

SmartScore Pro does not control and is not responsible for a payment processor’s independent actions, outages, declined transactions, payout timing, account restrictions, holds, chargebacks, or processing errors.

SmartScore Pro may charge platform, transaction, or usage fees associated with payment functionality where disclosed through the Service, your subscription, or applicable billing materials.

Unless otherwise stated, fees charged by SmartScore Pro are separate from fees charged by payment processors.

11. Third-Party Services

The Service may integrate with or rely upon third-party products and services, including payment processors, hosting and infrastructure providers, email services, authentication providers, analytics services, and other technology providers.

Your use of certain third-party services may be subject to separate terms and privacy policies established by those providers.

We do not control third-party services and are not responsible for their independent acts, omissions, availability, security practices, terms, pricing, or changes to their services.

We may modify or discontinue an integration if the applicable third-party service changes, becomes unavailable, or can no longer reasonably be supported.

12. Artificial Intelligence Features

SmartScore Pro may provide artificial intelligence or machine-assisted functionality, including assistants, recommendations, scheduling tools, content generation, or other automated features.

AI-generated or AI-assisted output may be inaccurate, incomplete, outdated, misleading, or unsuitable for a particular purpose.

You are responsible for reviewing and verifying AI-generated output before relying upon, publishing, communicating, or acting upon it.

AI features should not be treated as professional legal, financial, accounting, tax, medical, or other professional advice.

We do not guarantee the accuracy, completeness, uniqueness, or suitability of AI-generated output or any particular result from use of AI functionality.

13. Communications

By using the Service, you agree that SmartScore Pro may send transactional and administrative communications reasonably necessary to operate the Service, including account notices, security alerts, billing information, payment notices, service updates, and other operational communications.

Marketing communications will be handled in accordance with applicable law and available communication preferences.

Organizations using SmartScore Pro to send communications to their own customers, dancers, families, studios, or other recipients are responsible for ensuring that those communications and recipient lists comply with applicable laws and consent requirements.

14. Intellectual Property

Except for Customer Data, User Content, and third-party materials, the Service includes software, interfaces, designs, workflows, databases, documentation, branding, and other intellectual property owned by their respective owners and licensors. SmartScore Pro is authorized to operate and provide the Service, but these Terms do not claim that SmartScore Pro owns copyright or trademark rights in the Service or the SmartScore Pro name and logos.

These Terms grant you a limited, non-exclusive, non-transferable right to access and use the Service for its intended purposes while your account remains authorized and in good standing.

No ownership rights in the Service or related intellectual property are transferred to you.

15. Feedback

If you provide suggestions, ideas, recommendations, or other feedback concerning SmartScore Pro or the Service, you grant us the right to use that feedback without restriction or compensation to you.

This section does not transfer ownership of your Customer Data or User Content to SmartScore Pro.

16. Data Availability, Export, and Account Closure

The Service is not intended to serve as the sole backup location for information that an Organization is legally or operationally required to preserve independently.

Although we use reasonable measures designed to protect and maintain the Service, no cloud service can guarantee against all data loss, corruption, interruption, or unauthorized access.

Where export functionality is provided, Organizations are responsible for exporting information they wish or are required to retain.

Following account closure or termination, access to Customer Data may cease. We may retain or delete Customer Data in accordance with our Privacy Policy, backup practices, legal obligations, security requirements, and applicable law.

We may retain information where required for legitimate legal, accounting, fraud-prevention, security, dispute-resolution, or regulatory purposes.

17. Suspension and Termination

You may stop using the Service at any time and may request account closure by contacting [email protected] or using any account closure functionality made available through the Service.

We may immediately suspend or restrict access where we reasonably believe it is necessary because of:

• a security threat or compromised account;
• fraud or suspected fraudulent activity;
• unlawful activity;
• material misuse of the Service;
• non-payment of amounts due;
• a material violation of these Terms; or
• conduct that creates material risk to SmartScore Pro, our customers, users, or third parties.

We may also discontinue the Service or terminate an account for other legitimate business reasons. Where reasonably practicable, we will provide notice before doing so.

Upon termination, your right to access and use the Service ends, subject to any limited data retrieval period or functionality we choose to provide.

Fees already paid remain non-refundable except where required by law or expressly agreed otherwise.

Sections of these Terms that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, payment obligations, disclaimers, limitation of liability, indemnification, and dispute resolution.

18. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

SMARTSCORE PRO DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT DATA WILL NEVER BE LOST.

UNLESS EXPRESSLY AGREED OTHERWISE IN WRITING, SMARTSCORE PRO MAKES NO SERVICE-LEVEL, RESPONSE-TIME, DATA-RECOVERY, OR UPTIME GUARANTEE.

SMARTSCORE PRO DOES NOT GUARANTEE THE ACCURACY OF COMPETITION RESULTS, SCHEDULES, CALCULATIONS, REPORTS, BILLING INFORMATION, PAYMENT INFORMATION, OR OTHER INFORMATION ENTERED, CONFIGURED, GENERATED, OR APPROVED THROUGH THE SERVICE. USERS AND ORGANIZATIONS ARE RESPONSIBLE FOR REVIEWING INFORMATION APPROPRIATE TO THEIR ACTIVITIES BEFORE RELYING UPON IT.

Some jurisdictions do not permit the exclusion of certain warranties or conditions. In those jurisdictions, these exclusions apply only to the extent permitted by law.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTSCORE PRO AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS.

THIS INCLUDES, WITHOUT LIMITATION, LOSSES ARISING FROM SERVICE INTERRUPTIONS, DATA LOSS, PAYMENT PROCESSING ISSUES, BILLING ERRORS, THIRD-PARTY SERVICES, COMPETITION OUTCOMES, SCHEDULING, SCORING, REGISTRATION DECISIONS, OR UNAUTHORIZED ACCESS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTSCORE PRO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY THE APPLICABLE ORGANIZATION TO SMARTSCORE PRO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IF THE APPLICABLE ORGANIZATION HAS NOT PAID SMARTSCORE PRO FOR THE SERVICE DURING THAT PERIOD, SMARTSCORE PRO’S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED CAD $100.

The exclusions and limitations in this section apply regardless of the legal theory upon which liability is asserted and even if SmartScore Pro has been advised of the possibility of the applicable damages.

Nothing in these Terms excludes or limits liability to the extent that such liability cannot lawfully be excluded or limited.

20. Indemnification

To the extent permitted by applicable law, an Organization agrees to defend, indemnify, and hold harmless SmartScore Pro and its owners, officers, employees, contractors, affiliates, and licensors from and against third-party claims, liabilities, damages, losses, judgments, costs, and reasonable legal fees arising out of or relating to:

• the Organization’s or its Authorized Users’ use or misuse of the Service;
• Customer Data or User Content submitted by or on behalf of the Organization;
• the Organization’s billing, payment, refund, tax, or collection practices;
• the Organization’s competitions, classes, programs, events, or other activities;
• an allegation that content supplied by the Organization infringes or violates another person’s rights;
• the Organization’s collection, processing, publication, or disclosure of personal information, including information concerning minors;
• the Organization’s violation of applicable law; or
• the Organization’s material violation of these Terms.

SmartScore Pro will provide reasonable notice of an indemnified claim and reasonable cooperation in its defence. An Organization may not settle a claim in a manner that admits wrongdoing or imposes obligations on SmartScore Pro without our written consent.

21. Force Majeure

SmartScore Pro will not be liable for a delay, interruption, or failure to perform caused by circumstances beyond our reasonable control, including natural disasters, severe weather, fire, flood, war, terrorism, civil unrest, governmental action, labour disruption, widespread telecommunications or internet failures, utility failures, cyberattacks affecting third-party infrastructure, or failures of hosting, cloud, payment, communications, or other critical third-party providers.

22. Changes to the Service

We may modify, improve, add, remove, or discontinue features of the Service from time to time.

We may also impose reasonable limits on features where necessary for security, reliability, legal compliance, technical operation, or the continued development of the Service.

Where a change materially reduces core functionality of a paid Service, we will make reasonable efforts to provide appropriate notice where practicable.

23. Changes to These Terms

We may update these Terms from time to time.

When we make material changes, we will provide reasonable notice where appropriate, which may include notice through the Service or by email.

The effective date at the top of these Terms indicates when the current version took effect.

Your continued use of the Service after revised Terms become effective constitutes acceptance of the revised Terms, except where applicable law requires another form of consent.

24. Governing Law and Disputes

These Terms are governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Subject to any rights or remedies that cannot lawfully be restricted, disputes arising out of or relating to these Terms or the Service will be brought before the courts of Saskatchewan, Canada, and you consent to the jurisdiction of those courts.

25. General Terms

Entire Agreement. These Terms, the Privacy Policy, and any additional written agreement expressly incorporated into them constitute the entire agreement between you and SmartScore Pro concerning the Service, except where SmartScore Pro and an Organization have entered into a separate written agreement that expressly overrides these Terms.

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect, and the affected provision will be enforced to the maximum extent permitted by law.

Waiver. A failure by SmartScore Pro to enforce a provision of these Terms does not waive our right to enforce it later.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. SmartScore Pro may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or transfer of the SmartScore Pro business, subject to applicable law.

No Partnership or Agency. These Terms do not create a partnership, joint venture, employment, franchise, fiduciary, or agency relationship between SmartScore Pro and an Organization or Authorized User.

Headings. Section headings are provided for convenience and do not affect the interpretation of these Terms.

26. Contact Us

Questions about these Terms or the Service may be directed to:

Nicholas Strelic, operating as SmartScore Pro
Saskatchewan, Canada
[email protected]